Findings of fact statement of overriding considerations and mitigation monitoring and reporting plan

Findings of Fact and Statement of Overriding Considerations
FINDINGS OF FACT
STATEMENT OF OVERRIDING
CONSIDERATIONS AND MITIGATION
MONITORING AND REPORTING PLAN
Department of Water Resources
East Branch Extension Phase I Improvements
I. Introduction
The Draft Supplemental Environmental Impact Report ( SEIR) No. 2 and Final SEIR No. 2
address the potential environmental effects of the implementation of the Department of Water
Resources’ ( DWR) East Branch Extension Phase I Improvements Project ( proposed project). The
proposed modifications would enlarge the existing Crafton Hills Reservoir from the current
operational storage capacity of 85 acre- feet ( af) to approximately 225 af. The reservoir would be
enlarged by constructing a new earthen dam in the adjoining drainage to the west of the existing
reservoir. A ridge separates the existing reservoir from the drainage; a notch in the ridge would be
excavated to serve as a connecting channel between the existing reservoir and proposed
enlargement area. The reservoir enlargement also would include construction of two new onsite
maintenance roads. In addition, a ½ - mile segment of pipeline would be constructed to connect the
East Branch Extension pipeline to the Yucaipa Pipeline. The connector pipeline would divert
imported water that otherwise would flow into Crafton Hills Reservoir to the Yucaipa Pipeline
during the project construction period. The connector pipeline would allow DWR to maintain
water deliveries to the East Branch Extension pipeline below the Crafton Hills Reservoir while
the reservoir is being enlarged. After the proposed project is completed, the connector pipeline
would remain in place to provide operational flexibility in the event of a reservoir outage. The
findings are made in accordance with CEQA, including without limitation, CEQA Guidelines
§ 15091 and § 15092. The following components are included in these Findings in the following
sections:
I. Introduction
II. Environmental Review Process
III. Purpose of the Findings
IV. Legal Effect of the Findings
V. Administrative Record
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Findings of Fact and Statement of Overriding Considerations
The following Exhibits include the Findings, Statement of Overriding Considerations, and
Mitigation Monitoring and Reporting Plan:
Exhibits
A. Findings – Project Description
B. Findings – Adverse Impacts
B. 1 – Significant Unavoidable Impacts
B. 2 – Significant and Potentially Significant Adverse Impacts Reduced to Less- than-
Significant Level by Mitigation Measures Incorporated into the Project
B. 3 – Potential Impacts Determined to Be Less than Significant
C. Findings – Project Alternatives
D. Statement of Overriding Considerations
E. Mitigation Monitoring and Reporting Plan
II. Environmental Review Process
In accordance with CEQA § 15063 and § 15082, DWR prepared and circulated a Notice of
Preparation ( NOP) of an EIR to local, state, and federal agencies on November 27, 2007. The
comments received in response to the NOP were included in Appendix A of the Draft SEIR No.
2. The Draft SEIR No. 2 on the proposed East Branch Extension Phase I Improvements Project
( SCH # 2007111106), Notice of Completion, and Notice of Availability were submitted to the
State Clearinghouse and released for public and agency review on March 13, 2009. The Notice of
Availability briefly described the project information, project description, environmental effects,
the locations where copies of the Draft SEIR No. 2 could be reviewed, the contact at DWR for
submission of written comments and/ or questions, and the date and time of the public meeting to
take verbal comments on the Draft SEIR No. 2.
The Draft SEIR No. 2 was circulated for the 45- day public review from March 13 through April
27, 2009. During this time, a public meeting was held to provide interested persons with an
opportunity to comment verbally or in writing on the Draft SEIR No. 2 and the project. The
public meeting was held at the Yucaipa Community Center on April 7, 2009.
III. Purpose of Findings
Section 15091 of the CEQA Guidelines requires that, for each significant environmental effect
identified in the EIR for a proposed project, the approving agency must issue a written finding
reaching one or more of three allowable conclusions:
1 Changes or alterations have been required in, or incorporated into, the project which avoid
or substantially lessen the significant environmental effect as identified in the final EIR.
2 Such changes or alterations are within the responsibility and jurisdiction of another public
agency and not the agency making the findings. Such changes have been adopted by such
other agency or can and should be adopted by such other agency.
3 Specific economic, legal, social, technological, or other considerations, make infeasible the
mitigation measure or project alternative identified in the EIR.
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EXHIBIT A
Project Description
A. 1 Project Background
Previous Documentation
In 1994, the SGPWA adopted an EIR for their Water Importation Project ( WIP) that envisioned a
water conveyance system that could convey their full SWP Table A amount of 17,300 af to their
service area. The WIP included raw water conveyance and delivery facilities ( pipelines),
groundwater recharge facilities, pump stations, recovery wells, and water treatment facilities.
In 1995, SGPWA requested that DWR consider implementation of the WIP as an extension of the
East Branch of the California Aqueduct. DWR prepared a feasibility study and determined that it
had the authority to integrate the WIP into the SWP. DWR approved implementation of the WIP
as the East Branch Extension of the California Aqueduct and subsequently adopted the SGPWA
WIP EIR. DWR commenced engineering studies of the WIP, which resulted in changes to, and
additions to, the planned project features, including a surface storage reservoir. As the new lead
agency for the project, DWR prepared a Supplemental EIR to address the changes in the project
design originally approved under the SGPWA WIP EIR. Supplemental EIR No. 1 for the East
Branch Extension Project Phase I was certified by DWR in March 1998. The Supplemental EIR
included the existing Crafton Hills Reservoir in the first phase of what was expected to be a two-phase
project. The Draft EIR for Phase II of the East Branch Extension was released for public
review and comment in August 2008.
Phase I of the East Branch Extension, which included the construction of Crafton Hills Reservoir,
was completed in 2003. Reach 1 of the East Branch Extension utilized SBVMWD’s existing
Foothill Pipeline to convey water east of the Crafton Hills, with operational storage available at
Crafton Hills Reservoir. The principal features of the reservoir included a zoned earth dam, an
uncontrolled overflow spillway, a 54- inch diameter inlet pipeline, 54- inch diameter outlet
pipeline, a 12- inch diameter emergency release blow- off, and access roads.
Incorporation by Reference
As permitted by Section 15150 of the CEQA Guidelines, the Final SEIR No. 2 includes by
reference technical studies, analyses, and reports from environmental assessments previously
conducted for Phase I East Branch Extension Project. These include the San Gorgonio Pass
Water Agency Water Importation Project Environmental Impact Report that was certified in 1994
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Findings of Fact and Statement of Overriding Considerations
and associated addenda and the Supplemental EIR No. 1 for the East Branch Extension Project
Phase I that was certified in 1998 and associated addenda.
A. 2 Project under Consideration
During the public comment period, DWR, as Lead Agency, has continued to assess the economic,
institutional, and environmental issues associated with implementing the East Branch Extension
Phase I Improvements. No new significant environmental issues, beyond those already covered in
the Draft SEIR No. 2, were raised during the comment period, and DWR directed that a Final
SEIR No. 2 be prepared. Response to comments received during the comment period and staff-initiated
revisions to Draft SEIR No. 2 text did not involve any new significant impacts or
provide significant new information that would require recirculation of the Draft SEIR pursuant
to CEQA Guidelines § 15088.5. The Final SEIR No. 2 including Responses to Comments on the
Draft SEIR No. 2 was made available and circulated to commenters on October 5, 2009.
A. 3 Proposed East Branch Extension Phase I
Improvements Project
DWR proposes to implement Phase I Improvements to the East Branch Extension of the
California Aqueduct. The proposed modifications would enlarge the existing Crafton Hills
Reservoir from the current operational ( active) storage capacity of 85 acre- feet ( af) to
approximately 225 af. The reservoir would be enlarged by constructing a new earth dam in the
adjoining drainage to the west of the existing reservoir. A ridge separates the existing reservoir
from the drainage; a notch in the ridge would be excavated to serve as a connecting channel
between the existing reservoir and proposed enlargement area. The reservoir enlargement also
would include construction of two new onsite maintenance roads. In addition, a one- half mile
segment of a 48- inch diameter pipeline would be constructed to connect the East Branch
Extension pipeline to the Yucaipa Pipeline. The connector pipeline would divert imported water
that otherwise would flow into Crafton Hills Reservoir to the Yucaipa Pipeline during the project
construction period. The connector pipeline would allow DWR to maintain water deliveries to the
East Branch Extension pipeline below the Crafton Hills Reservoir while the reservoir is being
enlarged. After the proposed project is completed, the connector pipeline would remain in place
to provide operational flexibility in the event of a reservoir outage. Figure ES- 1 shows the
preliminary site plan for the proposed project, including the location of the new dam at the
southeastern end of the proposed enlargement area.
Construction activities for the proposed project are scheduled to be completed over an 18 month
time frame. The pipeline construction is anticipated to require six to 12 months to complete. The
reservoir enlargement is expected to take approximately 12 to 18 months. The pipeline alignment
construction is anticipated to begin in 2010 and be completed in 2011. Reservoir enlargement
construction is anticipated to begin in early 2010 and be completed by mid 2011. Construction of
the pipeline alignment would begin first to allow for water deliveries while the reservoir is being
enlarged. Nighttime construction is not anticipated.
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Mill Creek Road ( Hwy. 38)
PROPOSED YUCAIPA
Bryant Street
EXISTING
CRAFTON
HILLS
RESERVOIR
0 800
Feet
CONNECTOR PIPELINE
Figure ES- 1
Project Location Map
DWR - Crafton Reservoir . 206008.04
SOURCE: GlobeXplorer, 2007; DWR, 2007.
PROPOSED CRAFTON HILLS
RESERVOIR ENLARGEMENT
EXISTING COMPONENTS
PROPROSED PROJECT COMPONENTS
Proposed Reservoir Enlargement
Cut Slopes
Spoil Area
Proposed Dam
Staging Area
Load Restricted Staging Area
Staging and Supplemental Borrow Area
Supplemental Borrow Area
Maintenance Road
Proposed Yucaipa Connector Pipeline
Existing EBX I Pipeline
Existing Access Road
Existing Yucaipa Pipeline
Findings of Fact and Statement of Overriding Considerations
EXHIBIT B
Findings of Fact Regarding Adverse Impacts
B. 1 Significant Unavoidable Adverse Impacts
The Final SEIR No. 2 indicates that significant unavoidable impacts attributable to the proposed
project are limited to scenic vistas; visual character, direct and cumulative; construction
emissions, direct and cumulative; conflicts with land use plans; loss of open space, direct and
cumulative; construction noise; and cumulative impacts to biological resources due to habitat
loss. As described below in the findings for these impacts, there are either no feasible mitigation
measures or the feasible mitigation measure( s) would only partially mitigate this significant
impact and the residual effect would remain significant. It is hereby determined that this impact
is acceptable for the reasons specified in the Statement of Overriding Considerations, presented
in Exhibit D.
Final SEIR No. 2 Section 3.1 Aesthetics
Scenic Vistas
The proposed project could result in substantial adverse impacts on scenic vistas.
Mitigation
The following mitigation measures are hereby adopted and will be implemented as set forth in the
MMRP. These measures will partially mitigate the impact.
AES- 1: Conceptual landscape guidelines shall be established by DWR during preparation
of final construction plans for plantings designated in areas to be revegetated or screened
from view. These guidelines shall be prepared to illustrate all plant materials, sizes, species,
and quantities, and irrigation and preservation techniques. There shall be a variety of
landscape types addressed including revegetating graded slopes and earthen berms. Roads
and trail cuts shall be vegetated with natural grasses, shrubs and trees to blend with the
adjacent landscape character.
AES- 2: DWR shall ensure that plantings shall be integrated with earthen berms and cut
slopes as soon as possible to screen undesirable views. For these situations, the landscape
design guidelines shall include grading guidelines. Grading guidelines shall address issues
such as the area where berms are recommended, the sizes of such berms and recommended
slope gradients to minimize soil erosion.
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AES- 3: Following reservoir construction, DWR shall prepare a revegetation plan and shall
revegetate the area of disturbance with plants native to the Crafton Hills. The spoil area
downstream of the dam shall be revegetated with plants approved by DSOD. DWR shall
consult with CHOSC on the native plants to be used for revegetation. Restoration of
disturbed areas shall be limited to areas above the high water mark of the reservoir. DWR
shall monitor the revegetated areas for a period of three years to ensure that revegetation is
successful. The revegetation plan shall include performance standards to define success
criteria.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, including all the City and
County environmental documents referenced in the Final SEIR No. 2, DWR finds that the
proposed project would result in a physical change to the scenic vistas of the Crafton Hills as
viewed from public vantage points, which would be a significant and unavoidable impact. DWR
further finds that the mitigation measures adopted for this impact will partially mitigate impacts
to scenic vistas; however, the residual impact will remain significant. In addition and independent
of this fact, specific economic, legal, social, technological, or other considerations justify
approval of the proposed project, notwithstanding the residual impact, as more fully stated in the
Statement of Overriding Considerations ( see Exhibit D).
Visual Character
The proposed project could substantially degrade the visual quality and character of the site and
its surroundings.
Mitigation
The following mitigation measures are hereby adopted and will be implemented as set forth in the
MMRP. These measures will partially mitigate the impact.
Implement Mitigation Measures AES- 1, AES- 2, and AES- 3.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, including all the City and
County environmental documents referenced in the Final SEIR No. 2, DWR finds that the
proposed project would result in permanent changes to the visual character of the Crafton Hills,
which would be a significant and unavoidable impact. DWR further finds that the mitigation
measures adopted for this impact will partially mitigate impacts to visual character; however, the
residual impact will remain significant. In addition and independent of this fact, specific
economic, legal, social, technological, or other considerations justify approval of the proposed
project, notwithstanding the residual impact, as more fully stated in the Statement of Overriding
Considerations ( see Exhibit D).
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Findings of Fact and Statement of Overriding Considerations
Final SEIR No. 2 Section 3.2 Air Quality
Violation of an Air Quality Standard
The proposed project could generate emissions of air pollutants that would exceed the SCAQMD
emissions thresholds.
Mitigation
The following mitigation measures are hereby adopted and will be implemented as set forth in the
MMRP. These measures will partially mitigate the impact.
AQ- 1: DWR shall ensure that contractors implement a fugitive dust control program
pursuant to the provisions of SCAQMD Rule 403.
AQ- 2: DWR shall ensure that construction equipment is properly tuned and maintained in
accordance with manufacturer’s specifications.
AQ- 3: Coatings and solvents used in the proposed project shall be consistent with
applicable SCAQMD Rule 1113.
AQ- 4: Dust control measures such as wetting or use of soil binders shall be implemented
on haul roads throughout each construction day to minimize fugitive dust emissions at the
closest sensitive receptors.
AQ- 5: Construction vehicle speeds on dirt access roads shall be no greater than 15 miles
per hour.
AQ- 6: Wheel washers or other similar methods shall be installed where vehicles exit the
construction site onto paved roads.
AQ- 7: Haul vehicles shall be covered or comply with the vehicle freeboard requirements of
Section 23114 of the California Vehicle Code for both public and private roads.
AQ- 8: DWR shall ensure that trucks and construction vehicles shall be prohibited from
idling in excess of five minutes, both on- and off- site, when not in use.
AQ- 9: Electricity from power poles rather than temporary diesel- or gasoline- powered
generators shall be used where available.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, including all the City and
County environmental documents referenced in the Final SEIR No. 2, DWR finds that short- term
construction- related emissions of NOx, PM10, and PM2.5 would exceed SCAQMD emissions
thresholds and the associated air quality impacts would be significant and unavoidable. Emissions
of TACs during project construction would result in a less- than- significant increase of cancer risk
to local sensitive receptors. DWR further finds that the mitigation measures adopted for this
impact will partially mitigate the violation of air quality standards; however, the residual impact
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will remain significant. In addition and independent of this fact, specific economic, legal, social,
technological, or other considerations justify approval of the proposed project, notwithstanding
the residual impact, as more fully stated in the Statement of Overriding Considerations ( see
Exhibit D).
Cumulative Air Emissions
The proposed project could contribute significant quantities of an air pollutant for which the
cumulative baseline condition is in nonattainment status according to the federal Clean Air Act.
Mitigation
The following mitigation measures are hereby adopted and will be implemented as set forth in the
MMRP. These measures will partially mitigate the impact.
Implement Mitigation Measures AQ- 1 through AQ- 9.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, including all the City and
County environmental documents referenced in the Final SEIR No. 2, DWR finds the proposed
project, alone and together with other construction projects, would generate emissions of NOx,
PM10 and PM2.5 that exceed SCAQMD thresholds. The air basin is in non- attainment for NOx.
This would be a significant and unavoidable cumulative impact for the proposed project for the
short- term duration of construction. The TAC emissions associated with construction and
operation of the proposed project are minimal and are not cumulatively considerable. The
proposed project would have a less than significant cumulative impact with regard to TACs.
DWR further finds that the mitigation measures adopted for this impact will partially mitigate
cumulative air emissions; however, the residual impact will remain significant. In addition and
independent of this fact, specific economic, legal, social, technological, or other considerations
justify approval of the proposed project, notwithstanding the residual impact, as more fully stated
in the Statement of Overriding Considerations ( see Exhibit D).
Final SEIR No. 2 Section 3.8 Land Use, Agriculture, and
Recreation
Consistency with Land Use Plans and Habitat Conservation Plans
The proposed project could conflict with an applicable land use plan, policy, or regulatory agency
having jurisdiction over the project, or an applicable habitat conservation plan, or natural
community conservation plan.
Mitigation
The following mitigation measure is hereby adopted and will be implemented as set forth in the
MMRP. This measure will partially mitigate the impact.
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BIO- 19: DWR shall purchase compensatory mitigation lands or credits at a conservation
bank at a minimum 1: 1 ratio for unavoidable permanent impacts to open space habitat. This
compensatory mitigation can be satisfied with any mitigation lands purchased in
accordance with the species compensation plan required by Mitigation Measures BIO- 5
and BIO- 11.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, including all the City and
County environmental documents referenced in the Final SEIR No. 2, DWR finds that the
proposed project would have a significant and unavoidable impact on land use as it conflicts with
the goals of the Crafton Hills Open Space Conservancy and results in a permanent loss of open
space. DWR further finds that the mitigation measures adopted for this impact will partially
mitigate the loss of open space; however, the residual impact will remain significant. In addition
and independent of this fact, specific economic, legal, social, technological, or other
considerations justify approval of the proposed project, notwithstanding the residual impact, as
more fully stated in the Statement of Overriding Considerations ( see Exhibit D).
Final SEIR No. 2 Section 3.9 Noise and Vibration
Noise Standards and Temporary Noise Increase
Project related construction activity could occur outside of the daytime hours permitted by the city’s
noise ordinance or result in an off- site noise level that exceeds 55 dBA Leq in the daytime ( 7: 00 a. m.
to 10: 00 p. m.) or 45 dBA Leq in the nighttime ( 10: 00 pm to 7: 00 a. m.) at the property line of
residential or other noise sensitive land uses.
Mitigation
The following mitigation measures are hereby adopted and will be implemented as set forth in the
MMRP. These measures will partially mitigate the impact.
N- 1: DWR shall require construction contractors to minimize construction noise by
implementing the following measures:
• During construction, the contractor shall outfit all equipment, fixed or mobile, with
properly operating and maintained exhaust and intake mufflers, consistent with
manufacturers’ standards.
• Impact tools ( e. g., jack hammers, pavement breakers, and rock drills) used for
construction shall be hydraulically or electrically powered wherever possible to avoid
noise associated with compressed air exhaust from pneumatically powered tools.
Where use of pneumatic tools is unavoidable, an exhaust muffler on the compressed
air exhaust shall be used. External jackets on the tools themselves shall be used
where feasible. Quieter procedures, such as use of drills rather than impact tools,
shall be used whenever feasible.
• Stationary noise sources that could affect adjacent receptors shall be located as far
from adjacent receptors as possible.
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N- 2: DWR shall ensure that the construction contractor avoids noise sensitive hours as
follows:
• Construction activities shall be limited to between 7: 00 a. m. and 7: 00 p. m., Monday
through Saturday, and not permitted Sundays and federal holidays.
• Any construction activity anticipated to occur outside those hours shall be approved
in writing by the appropriate local government agency prior to such construction.
N- 3: DWR shall require construction contractors to minimize construction noise nuisance
by implementing the following measures:
• Signs shall be posted at the construction sites that include permitted construction
days and hours, a day and evening contact number for the job site, and a contact
number in the event of problems. Signage shall be coordinated with that for trail
closures as required under Mitigation Measure LU- 1 as appropriate.
• DWR shall designate an onsite Community Liaison to act as a complaint and
enforcement manager that shall respond to and track complaints and questions related
to noise and other construction- related effects.
• DWR construction contractors shall select haul routes which would minimize noise
impacts to residential neighborhoods and other sensitive receptors. DWR
construction contractors shall consult with local planning jurisdictions in order to
determine and select the most feasible haul routes to minimize noise impacts in
residential areas and in the vicinity of noise- sensitive receptors.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, including all the City and
County environmental documents referenced in the Final SEIR No. 2, DWR finds that
construction noise for the duration of the construction period would be elevated from the existing
ambient noise levels and would therefore be considered an unavoidable nuisance to the otherwise
quiet neighborhoods in the project vicinity. DWR further finds that the mitigation measures
adopted for this impact would minimize construction noise and reduce impacts; however, the
residual impact will remain significant. In addition and independent of this fact, specific
economic, legal, social, technological, or other considerations justify approval of the proposed
project, notwithstanding this residual impact, as more fully stated in the Statement of Overriding
Considerations ( see Exhibit D).
Final SEIR No. 2 Section 4.0 Cumulative Impacts
Cumulative Effects
The project could have a cumulatively considerable impact to aesthetics, air quality, biological
resources, and land use when viewed in connection with the effects of past projects, the effects of
other concurrent projects, and the effects of probable future projects.
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Mitigation
None available.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, including all the City and
County environmental documents referenced in the Final SEIR No. 2, DWR finds that the
proposed project would have a significant and unavoidable cumulative impact on air quality and
aesthetics ( visual character) during the 18- month construction period. The proposed project
would have long- term significant and unavoidable cumulative impacts to biological resources
( habitat loss), and land use ( loss of open space). DWR further finds that the mitigation measures
adopted for the proposed project will partially mitigate cumulative impacts to aesthetics, air
quality, biological resources, and land use; however, the residual impact will remain significant.
No additional mitigation measures are available. In addition and independent of this fact, specific
economic, legal, social, technological, or other considerations justify approval of the proposed
project, notwithstanding this residual impact, as more fully stated in the Statement of Overriding
Considerations ( see Exhibit D).
B. 2 Significant and Potentially Significant Adverse
Impacts Reduced to Less- than- Significant Level by
Mitigation Measures Incorporated into the Project
The Final SEIR No. 2 identifies significant impacts which are reduced to a “ less- than- significant”
level by the inclusion in the proposed project approval of the mitigation measures identified in the
Final SEIR No. 2. It is hereby determined that the significant environmental impacts that these
mitigations address will be avoided or substantially lessened by their inclusion in the proposed
project.
Final SEIR No. 2 Section 3.2 Air Quality
Consistency with Air Quality Management Plans
The proposed project could be inconsistent with the applicable SCAQMD’s Air Quality
Management Plan.
Mitigation
The following mitigation measures are hereby adopted and will be implemented as set forth in the
MMRP. These measures will mitigate the above impact to a less than significant level.
AQ- 1: DWR shall ensure that contractors implement a fugitive dust control program
pursuant to the provisions of SCAQMD Rule 403.
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AQ- 2: DWR shall ensure that construction equipment is properly tuned and maintained in
accordance with manufacturer’s specifications.
AQ- 3: Coatings and solvents used in the proposed project shall be consistent with
applicable SCAQMD Rule 1113.
AQ- 4: Dust control measures such as wetting or use of soil binders shall be implemented
on haul roads throughout each construction day to minimize fugitive dust emissions at the
closest sensitive receptors.
AQ- 5: Construction vehicle speeds on dirt access roads shall be no greater than 15 miles
per hour.
AQ- 6: Wheel washers or other similar methods shall be installed where vehicles exit the
construction site onto paved roads.
AQ- 7: Haul vehicles shall be covered or comply with the vehicle freeboard requirements of
Section 23114 of the California Vehicle Code for both public and private roads.
AQ- 8: DWR shall ensure that trucks and construction vehicles shall be prohibited from
idling in excess of five minutes, both on- and off- site, when not in use.
AQ- 9: Electricity from power poles rather than temporary diesel- or gasoline- powered
generators shall be used where available.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that measures have
been incorporated, which will substantially lessen the proposed project’s contribution to the
significant environmental effect identified in the Final SEIR No. 2, reducing it to a less than
significant level.
Final SEIR No. 2 Section 3.3 Biological Resources
Special- Status Species and Habitats
Construction or operation of the project could have a substantial adverse effect, either directly or
through habitat modifications on candidate, sensitive, or special- status species.
Mitigation
The following mitigation measures are hereby adopted and will be implemented as set forth in the
MMRP. These measures will mitigate the above impact to a less than significant level.
BIO- 1: DWR shall have a qualified biologist conduct a pre- construction spring/ summer
floristic inventory and rare plant survey at the proposed project area to determine and map
the location and extent of special- status plant species populations, including the
construction easement and right- of- way. The locations of special- status plant species
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affected by project construction and operation shall be identified. The results of the survey
shall be used to identify the limits of the construction zone.
BIO- 2: DWR shall avoid and minimize impacts on special- status plant species by reducing
the construction right- of- way through occurrences of special- status plant species to either
avoid the occurrence or reduce impacts to the minimum necessary to complete the project.
BIO- 3: DWR shall stake, flag, fence, or otherwise clearly delineate the construction right-of-
way that restricts the limits of construction to the minimum necessary to implement the
project that also would avoid and minimize impacts on special- status plants where feasible.
BIO- 4: Where avoidance of federal or state listed endangered or threatened species is not
feasible as determined by pre- construction surveys, DWR shall prepare and implement a
habitat restoration plan for unavoidable temporary impacts to endangered or threatened
plants due to project construction in consultation with USFWS and CDFG. The restoration
plan shall include at a minimum the following measures:
• Documentation of the location and extent of federal or state endangered or threatened
plant species affected by construction in areas that would not be permanently cleared
or filled and quantification of the temporary impacts based on acres of habitat,
individual plants, and/ or other means to clearly articulate the unavoidable impacts.
• Goals and objectives for federal or state endangered or threatened plant species that
establish the quantifiable criteria for successful implementation and completion of
the restoration plan.
• A salvage and replacement program for the top 6 to 12 inches of surface material and
topsoil including plant material and duff.
• A salvage and replanting program for perennial federal and state endangered or
threatened plant species.
• An invasive plant species maintenance, monitoring, and removal program.
• Success criteria that establishes yearly thresholds for growth and establishment of
federal or state endangered or threatened plant species on an acreage extent of
occurrence or per plant basis.
BIO- 5: Where permanent loss of federal or state listed endangered or threatened plant
species occurs, DWR shall prepare and implement a species compensation plan for
unavoidable permanent impacts to federal or state endangered or threatened plants due to
project construction or operation in consultation with USFWS and CDFG. The
compensation plan shall include at a minimum the following measure:
• Purchase of compensatory mitigation lands or credits at an approved conservation
bank at a minimum 1: 1 ratio for the preservation in perpetuity and dedication in deed
restriction, conservation easement, or some other suitable land conservation
instrument.
BIO- 6: DWR shall have a qualified biologist conduct pre- construction spring/ summer
active season general reconnaissance and trapping surveys for the special- status wildlife
species within the proposed project area to determine and map the location and extent of
special- status species occurrence( s), including the construction easement and right of way.
The results of the survey shall be used to identify the limits of the construction zone.
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BIO- 7: DWR shall stake, flag, fence, or otherwise clearly delineate the construction right-of-
way that restricts the limits of construction to the minimum necessary to implement the
proposed project that also would avoid and minimize impacts on special- status wildlife
species and RAFSS habitat.
BIO- 8: DWR shall have a qualified biologist conduct a pre- construction capture, salvage,
and relocation effort to remove wildlife species from the project area to avoid and minimize
impacts to them. The removal of federal or state listed threatened or endangered species
will be conducted in accordance with USFWS and/ or CDFG consultation.
BIO- 9: During construction, DWR shall enlist the services of a biological construction
monitor to conduct, as necessary, capture, salvage, and relocation efforts to remove federal
or state listed threatened or endangered wildlife species from the project area to avoid and
minimize impacts to these species in consultation with USFWS and/ or CDFG.
BIO- 10: Where avoidance of federal or state listed endangered or threatened wildlife
species is not feasible, DWR, in consultation with CDFG and USFWS, shall prepare and
implement a habitat restoration plan for unavoidable temporary impacts to endangered or
threatened wildlife and their habitat due to project construction. The restoration plan shall
be part of that specified for special- status plants in Mitigation Measure BIO- 4 and shall
include at a minimum the following measures:
• Documentation of the location and extent of federal or state endangered and
threatened wildlife species and occupied habitat affected by construction and
quantification of impacts based on acres of occupied habitat, and/ or other means to
clearly articulate the unavoidable impacts.
• Goals and objectives for federal or state endangered or threatened wildlife species
and their habitat that establishes the quantifiable criteria for successful
implementation and completion of the restoration plan.
• An invasive plant species maintenance, monitoring, and removal program.
BIO- 11: Where avoidance of federal or state listed endangered or threatened wildlife
species is not feasible, DWR, in consultation with CDFG and USFWS, shall prepare and
implement a habitat compensation plan for unavoidable permanent impacts to endangered
and threatened wildlife species and their habitat. The compensation plan shall include at a
minimum the following measure:
• Purchase of compensatory mitigation lands or credits at a conservation bank at a
minimum 1: 1 ratio for the preservation in perpetuity and dedication in deed
restriction, conservation easement, or some other suitable land conservation
instrument. This compensatory mitigation can be satisfied under the same habitat
acquisition/ conservation credit program under Mitigation Measure BIO- 5 that is
compatible for both the impacted endangered or threatened plant and wildlife species
and their habitat.
BIO- 12: DWR shall have a qualified biologist conduct a pre- construction nesting season
protocol survey for the coastal California gnatcatcher within the proposed pipeline project
area to determine and map the location and extent of nesting coastal California gnatcatcher
occurrence( s) within the construction right- of- way.
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Findings of Fact and Statement of Overriding Considerations
BIO- 13: DWR shall have a qualified biologist conduct a pre- construction spring/ summer
active season general reconnaissance for nesting/ roosting special- status mobile bird and bat
species, and other nesting birds within the proposed project areas to determine and map the
location and extent of special- status species occurrence( s).
BIO- 14: DWR shall avoid direct impacts on nesting coastal California gnatcatchers and
any nesting birds located within the construction right of way. This could be accomplished
by establishing the construction right of way and removal of plant material outside of the
typical range of the breeding bird season ( February 1 through August 31).
BIO- 15: If construction and vegetation removal is proposed for the bird nesting period
February 1 through August 31, then active nest sites located during the pre- construction
surveys shall be avoided and a non- disturbance buffer zone established dependent on the
species and as approved by the USFWS and CDFG. Nest sites shall be avoided with
approved non- disturbance buffer zones until the adults and young are no longer reliant on
the nest site for survival as determined by a qualified biologist.
BIO- 16: If a natal bat roost site is located during pre- construction surveys, it shall be
avoided with a non- disturbance buffer zone established by a qualified biologist until the
site is abandoned.
BIO- 17: DWR shall minimize impacts on documented locations of nesting coastal
California gnatcatchers and any nesting birds by reducing the construction right- of- way
through areas of occurrences to either avoid the occurrence or reduce impacts to the
minimum necessary to complete the proposed project.
BIO- 18: DWR shall stake, flag, fence, or otherwise clearly delineate the construction right-of-
way that restricts the limits of construction to the minimum necessary to implement the
proposed project that also would avoid and minimize impacts on special- status wildlife
species and RAFSS habitat.
BIO- 19: DWR shall purchase compensatory mitigation lands or credits at a conservation
bank at a minimum 1: 1 ratio for unavoidable permanent impacts to open space habitat. This
compensatory mitigation can be satisfied with any mitigation lands purchased in
accordance with the species compensation plan required by Mitigation Measures BIO- 5
and BIO- 11.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that measures have
been incorporated, which will substantially lessen the proposed project’s contribution to the
significant environmental effect identified in the Final SEIR No. 2, reducing it to a less than
significant level.
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Final SEIR No. 2 Section 3.4 Cultural Resources
Archeological and Historical Resources
The proposed project could cause a substantial adverse change in the significance of an
archaeological resource pursuant to CEQA Section § 15064.5 or an historical resource that is
either listed or eligible for listing in the National Register of Historic Places, the California
Register of Historical Resources, or a local register of historic resources in accordance with
CEQA Guidelines, § 15064.5.
Mitigation
The following mitigation measures are hereby adopted and will be implemented as set forth in the
MMRP. These measures will mitigate the above impact to a less than significant level.
CR- 1: Avoidance. DWR shall narrow the construction zone to avoid sites CH- GPS6, CH-GPS7,
and CH- GPS9 where feasible. If appropriate, prior to construction, a qualified
archaeologist ( defined as an archaeologist meeting the Secretary of the Interior’s Standards
for professional archaeology) shall mark exclusion zones around known archaeological
sites that can be avoided to ensure they are not impacted by construction. Ground-disturbing
activities, including brush clearance and grading, occurring within 100 feet of
sites CH- GPS6, CH- GPS7, and CH- GPS9 shall be monitored by a qualified archaeologist.
CR- 2: Evaluation. If avoidance is not feasible, prior to any ground disturbing activity,
sites CH- GPS6, CH- GPS7, and CH- GPS9 shall be evaluated further by a qualified
archaeologist to determine their potential significance. The qualified archaeologist shall
prepare a report evaluating each known archaeological site and noting whether the site
could be significant. The report will determine whether additional evaluation would be
required prior to the destruction of each site. The report will also conclude whether a
monitor is necessary on site during excavation activities. DWR shall consult with the
SHPO to determine the eligibility of resources as historic properties, and the effect of the
proposed project on identified historic properties. DWR shall implement additional data
recovery if requested by SHPO.
CR- 3: Inadvertent Discovery. In the event that any prehistoric or historic subsurface
cultural resources are discovered during ground disturbing activities, all work within
50 feet of the resources shall be halted and DWR shall consult with a qualified
archaeologist to assess the significance of the find. If any find is determined to be
significant, representatives of DWR and the qualified archaeologist would meet to
determine the appropriate course of action. The Yucaipa Valley Historical Society would
be notified of all significant finds. All significant cultural materials recovered shall be
subject to scientific analysis, professional museum curation, and a report prepared by the
qualified archaeologist according to current professional standards.
CR- 4: Additional Phase I Surveys. A Phase I cultural resources survey shall be conducted
for the proposed maintenance road below the existing dam, including appropriate archival
records searches and field surveys. Following completion of the Phase I cultural resources
survey, Mitigation Measures CR- 1 and CR- 2 shall also be applied to any additional known
or newly recorded cultural sites within the APE of the proposed maintenance road.
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Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that measures have
been incorporated, which will substantially lessen the proposed project’s contribution to the
significant environmental effect identified in the Final SEIR No. 2, reducing it to a less than
significant level.
Native American Resources
Buried human remains could be uncovered during construction of the proposed project.
Mitigation
The following mitigation measure is hereby adopted and will be implemented as set forth in the
MMRP. This measure will mitigate the above impact to a less than significant level.
CR- 5: If human remains are discovered during construction activities, no further disturbance
to the site shall occur until the County Coroner is notified. If the coroner determines the
remains to be Native American, the coroner shall notify the Native American Heritage
Commission within 24 hours. The Native American Heritage Commission shall identify the
person or persons it believes to be the Most Likely Descended of the deceased. Under the
amended 5097.98, the Most Likely Descended is required to make recommendations for
treatment of any remains. DWR shall cease construction activities at the discovery site until
the remains have been removed and the site cleared by Native American Heritage
Commission and the County Coroner.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that measures have
been incorporated, which will substantially lessen the proposed project’s contribution to the
significant environmental effect identified in the Final SEIR No. 2, reducing it to a less than
significant level.
Paleontological Resources
Construction of the proposed project could disturb or destroy a unique paleontological resource or
site or unique geologic feature as described in CEQA Guidelines, Section § 15064.5.
Mitigation
The following mitigation measure is hereby adopted and will be implemented as set forth in the
MMRP. This measure will mitigate the above impact to a less than significant level.
CR- 6: If paleontological resources are encountered during the course of construction and
monitoring, the applicant shall halt or divert work and notify a qualified paleontologist who
shall document the discovery as needed, evaluate the potential resource, assess the
significance of the find, and develop an appropriate treatment plan in consultation with the
applicant.
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Findings of Fact and Statement of Overriding Considerations
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that measures have
been incorporated, which will substantially lessen the proposed project’s contribution to the
significant environmental effect identified in the Final SEIR No. 2, reducing it to a less than
significant level.
Final SEIR No. 2 Section 3.5 Geology, Soils, Seismicity, and
Mineral Resources
Soil Erosion and Loss of Topsoil
The proposed project’s construction phase and/ or operation phase could result in substantial soil
erosion or the loss of topsoil.
Mitigation
The following mitigation measure is hereby adopted and will be implemented as set forth in the
MMRP. This measure will mitigate the above impact to a less than significant level.
Implement Mitigation Measure AES- 1.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that measures have
been incorporated, which will substantially lessen the proposed project’s contribution to the
significant environmental effect identified in the Final SEIR No. 2, reducing it to a less than
significant level.
Final SEIR No. 2 Section 3.6 Hazards and Hazardous
Materials
Hazardous Material Use
The proposed project could expose people or the environment to hazardous materials during
construction or operation of the facilities.
Mitigation
The following mitigation measure is hereby adopted and will be implemented as set forth in the
MMRP. This measure will mitigate the above impact to a less than significant level.
HA- 1: DWR shall require the construction contractor to develop and implement a
hazardous materials construction site plan that includes BMPs that would prevent the
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Findings of Fact and Statement of Overriding Considerations
accidental release of hazardous materials. The plan shall include, but not be limited to, the
following BMPs:
• Follow manufacturers’ recommendations and regulatory requirements for use,
storage, and disposal of chemical products and hazardous materials used in
construction;
• During routine maintenance of construction equipment, properly contain and
remove grease and oils; and
• Properly dispose of discarded containers of fuels and other chemicals.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that measures have
been incorporated, which will substantially lessen the proposed project’s contribution to the
significant environmental effect identified in the Final SEIR No. 2, reducing it to a less than
significant level.
Emergency Response Plan
The proposed project could physically interfere with an adopted emergency response plan or
evacuation route defined by a local jurisdiction.
Mitigation
The following mitigation measures are hereby adopted and will be implemented as set forth in the
MMRP. These measures will mitigate the above impact to a less than significant level.
HA- 2: DWR shall update the Emergency Response Plans for the East Branch Extension –
Phase I to include the proposed project facilities.
Implement Mitigation Measures TR- 1 and TR- 5.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that measures have
been incorporated, which will substantially lessen the proposed project’s contribution to the
significant environmental effect identified in the Final SEIR No. 2, reducing it to a less than
significant level.
Grassland and Wildland Fires
Construction and or operation of the proposed project could expose people or structures to a
significant risk of loss, injury, or death involving wildland fires, including where wildlands are
adjacent to urbanized areas or where residences are intermixed with wildlands.
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Findings of Fact and Statement of Overriding Considerations
Mitigation
The following mitigation measure is hereby adopted and will be implemented as set forth in the
MMRP. This measure will mitigate the above impact to a less than significant level.
HA- 3: DWR shall require the construction contractor to implement the following best
management practices during construction to prevent wildland fires.
• During construction, all staging areas, welding areas, or areas slated for development
using spark- producing equipment shall be cleared of dried vegetation or other
flammable material.
• Any construction equipment that includes a spark arrestor shall be equipped with a
spark arrestor in good working order.
• All vehicles and crews working at the project site shall have access to functional fire
extinguishers at all times.
• Construction crews shall have a spotter during welding activities to look out for
potentially dangerous situations, including accidental sparks.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that measures have
been incorporated, which will substantially lessen the proposed project’s contribution to the
significant environmental effect identified in the Final SEIR No. 2, reducing it to a less than
significant level.
Final SEIR No. 2 Section 3.7 Hydrology and Water Quality
Water Quality
The proposed project could result in discharge of sediments or pollutants that would violate any
water quality standard, degrade the water quality, or affect the beneficial uses of receiving water.
Additionally, the proposed project could contribute pollutant constituents to impaired water
bodies.
Mitigation
The following mitigation measure is hereby adopted and will be implemented as set forth in the
MMRP. This measure will mitigate the above impact to a less than significant level.
HYDRO- 1: The SWPPP shall include but not be limited to the following long- term BMPs
for the roadway:
• Rock- lined or vegetated cut slope protection;
• Stabilization of cut slope surfaces;
• Adequate road drainage ( e. g., provide frequent outlets for the road surface to drain);
and
• Energy dissipation for the drains on the outboard side.
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Findings of Fact and Statement of Overriding Considerations
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that measures have
been incorporated, which will substantially lessen the proposed project’s contribution to the
significant environmental effect identified in the Final SEIR No. 2, reducing it to a less than
significant level.
Embankment Failure
The proposed reservoir could cause a threat to life or property damage in the event that
uncontrolled water was released from the reservoir due to dam failure.
Mitigation
The following mitigation measure is hereby adopted and will be implemented as set forth in the
MMRP. This measure will mitigate the above impact to a less than significant level.
HYDRO- 2: DWR shall notify all property owners and residents that could be subjected to
flooding or inundation in the event of an upset condition or dam failure.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that measures have
been incorporated, which will substantially lessen the proposed project’s contribution to the
significant environmental effect identified in the Final SEIR No. 2, reducing it to a less than
significant level.
Final SEIR No. 2 Section 3.8 Land Use
Effects to Recreational Facilities
The proposed project could result in the accelerated deterioration and disturbance of local or
regional recreational facilities and parks or require the construction or expansion of recreational
facilities.
Mitigation
The following mitigation measures are hereby adopted and will be implemented as set forth in the
MMRP. These measures will mitigate the above impact to a less than significant level.
LU- 1: DWR shall notify the Crafton Hills Conservancy members and the City of Yucaipa
regarding trail closures and shall periodically provide them with updates. DWR shall post
signs near trailheads in the vicinity of the construction area noting the duration of
construction, the location of closed trails, information on accessing trailheads that avoid the
construction area, and a construction contact number. DWR also shall notify the San
Bernardino National Forest San Gorgonio Ranger Station regarding trail closures near the
proposed connector pipeline.
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If the construction contractor determines there would be no threat to public safety, DWR
shall allow access to affected trails on days when there is no active construction activity,
such as weekends and holidays. In addition, DWR shall rebuild the portions of official trail
networks identified in Figure 3.8- 4 of the Final SEIR No. 2 that have been impacted by
construction activity following completion of the proposed project. DWR shall consult with
CHOSC regarding any trails on CHOSC property that would need to be rerouted after
construction is completed.
LU- 2: DWR shall allow for hiking access across the new maintenance road where it
intersects the City Trail once construction is complete in order to allow the City trail to
remain intact. If hiking access is not feasible, DWR shall re- route the trail prior to
construction of the new maintenance road in order to maintain its connection to other trails
within the Crafton Hills.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that measures have
been incorporated, which will substantially lessen the proposed project’s contribution to the
significant environmental effect identified in the Final SEIR No. 2, reducing it to a less than
significant level.
Final SEIR No. 2 Section 3.10 Transportation and Traffic
Construction Traffic
The proposed project could result in a substantial increase in either the number of vehicle trips,
the volume to capacity ratio on area roadways, or congestion at intersections.
Mitigation
The following mitigation measures are hereby adopted and will be implemented as set forth in the
MMRP. These measures will mitigate the above impact to a less than significant level.
TR- 1: Prior to construction, DWR shall require the contractor to prepare a Traffic Control
Plan in accordance with professional engineering standards and the guidelines for safety
and traffic provided in the Caltrans Construction Manual ( revised 2008). The Traffic
Control Plan would include, but not be limited to, the following requirements:
• Maintain access for local land uses including residential driveways, commercial
properties, and agricultural lands during construction activities.
• Maintain emergency services access to local land uses at all times for the duration of
construction activities. Local emergency service providers shall be informed of
lane/ road closures and detours.
• Develop circulation and detour plans to minimize impact to local street circulation,
including bikeways. This may include the use of signing and flagging to guide
vehicles and cyclists through and/ or around the construction zone. This may also
include development of turning lanes for trucks delivering material and equipment to
construction sites.
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• Avoid peak travel periods when considering partial road or lane closures.
• Post advanced warning of construction activities to allow motorists to select
alternative routes in advance.
• Post signs signaling for the presence of slow- moving or slow- turning vehicles in the
vicinity of construction area, as necessary.
• Arrange for a telephone resource to address public questions and complaints during
project construction.
• Compliance with roadside safety protocols, so as to reduce the risk of accident.
• Prior to construction of the new maintenance road downstream of the existing dam,
the contractor shall conduct pre- construction safety awareness training for all
construction workers to minimize potential hazards to residents and children that live
in and around Tivoli Way.
TR- 2: DWR shall coordinate the design of the connector pipeline with Caltrans District 8
and obtain the necessary road encroachment permits prior to construction. DWR shall
comply with the applicable conditions of approval. Road encroachment permits will be
necessary for construction within Mill Creek Road ( SR- 38).
TR- 3: DWR shall provide staging areas for excavated material within the construction
zone or at locations accessible by construction roads.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that measures have
been incorporated, which will substantially lessen the proposed project’s contribution to the
significant environmental effect identified in the Final SEIR No. 2, reducing it to a less than
significant level.
Effects on Parking
The proposed project could result in a substantial adverse effect on parking availability due to
construction workers and construction related vehicles.
Mitigation
The following mitigation measure is hereby adopted and will be implemented as set forth in the
MMRP. This measure will mitigate the above impact to a less than significant level.
TR- 4: Prior to the beginning of construction, all contractors shall submit traffic plans
denoting employee parking locations and work staging areas to DWR. Potential parking
and equipment storage areas may be on- site, with construction easements or parking in an
established off- site staging area. No construction worker parking shall be allowed within
the travel lanes of roads or highways.
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Findings of Fact and Statement of Overriding Considerations
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that measures have
been incorporated, which will substantially lessen the proposed project’s contribution to the
significant environmental effect identified in the Final SEIR No. 2, reducing it to a less than
significant level.
Effects to Public Roadway Safety
The proposed project could result in a substantial increase in roadway hazards due to a design
feature or incompatible uses.
Mitigation
The following mitigation measures are hereby adopted and will be implemented as set forth in the
MMRP. These measures will mitigate the above impact to a less than significant level.
Implement Mitigation Measures TR- 1 and TR- 2.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that measures have
been incorporated, which will substantially lessen the proposed project’s contribution to the
significant environmental effect identified in the Final SEIR No. 2, reducing it to a less than
significant level.
Effects to Emergency Access
The proposed project could result in a substantial adverse effect on emergency access due to road
closures or detours.
Mitigation
The following mitigation measures are hereby adopted and will be implemented as set forth in the
MMRP. These measures will mitigate the above impact to a less than significant level.
TR- 5: DWR shall require that the construction contractor notifies the responsible law
enforcement agencies and fire departments, including the San Bernardino County Fire
Department, the City of Redlands Fire Department, and the City of Highland Fire
Department two weeks prior to start of work as to when and where construction would
begin and end. DWR also shall require that the construction contractor coordinates
construction emergency access plans and procedures with the fire departments accordingly.
Implement Mitigation Measure TR- 1.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that measures have
been incorporated, which will substantially lessen the proposed project’s contribution to the
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significant environmental effect identified in the Final SEIR No. 2, reducing it to a less than
significant level.
Final SEIR No. 2 Section 3.11 Public Services and Utilities
Public Utilities
The proposed project could result in a substantial adverse effect on local utility services.
Mitigation
The following mitigation measures are hereby adopted and will be implemented as set forth in the
MMRP. These measures will mitigate the above impact to a less than significant level.
PU- 1: DWR’s construction contractor shall coordinate with all potentially affected utility
companies and jurisdictions to determine the exact location of all underground utilities
prior to doing any work or taking action which could damage such facilities or interfere
with their operations. The construction contractor shall protect all existing utility lines and
associated substructures from damage unless specifically noted on the plans. The
construction contractor shall coordinate in advance any necessary planned utility service
outages with the affected utility companies.
PU- 2: All utilities that cross the pipeline trench shall be protected in place, unless
otherwise indicated for relocation on the plans. DWR’s construction contractor shall be
required to notify the utility owner and Underground Service Alert ( DigAlert) two ( 2)
working days in advance of the construction crossing and coordinate the construction
schedule with the utility service providers. Where indicated on the plans, the contractor
shall provide appropriate means to support utilities which lie within excavated areas and
which are not self- supporting.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that measures have
been incorporated, which will substantially lessen the proposed project’s contribution to the
significant environmental effect identified in the Final SEIR No. 2, reducing it to a less than
significant level.
Final SEIR No. 2 Section 4.0 Cumulative Impacts
Cumulative Effects
The project could have cumulatively considerable impacts to traffic when viewed in connection
with the effects of past projects, the effects of other concurrent projects, and the effects of
probable future projects.
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Mitigation
CUM- 1: At least two weeks before construction activities begin, DWR shall coordinate
with the City of Yucaipa and San Bernardino County to determine other construction
projects that would occur at the same time as the Crafton Hills Reservoir Enlargement
Project. Haul routes shall be established to avoid heavily congested roads and road
construction areas where feasible.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that measures have
been incorporated, which will substantially lessen the proposed project’s contribution to the
significant environmental effect identified in the Final SEIR No. 2, reducing it to a less than
significant level.
B. 3 Potential Impacts Determined to Be Less than
Significant
The following potential environmental impacts of the project are less than significant and
therefore do not require the imposition of mitigation measures.
Final SEIR No. 2 Section 3.2 Air Quality
Effects on Sensitive Receptors
Project operation could violate air quality standards, contribute substantially to an existing or
projected air quality violation, or expose sensitive receptors to pollutant concentrations resulting
in an adverse health effect during long- term operation.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that the proposed
project would have a less than significant contribution to the environmental effect identified in
the Final SEIR No. 2 and would not require the imposition of mitigation measures.
Odor Impacts
The proposed project could create objectionable odors affecting a substantial amount of people.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that the proposed
project would have a less than significant contribution to the environmental effect identified in
the Final SEIR No. 2 and would not require the imposition of mitigation measures.
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Greenhouse Gas Emissions
The proposed project could conflict with state goals for reducing greenhouse gas emissions.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that the proposed
project would have a less than significant contribution to the environmental effect identified in
the Final SEIR No. 2 and would not require the imposition of mitigation measures.
Final SEIR No. 2 Section 3.3 Biological Resources
Wetlands and Waters of the U. S./ State
The proposed project could impact wetlands as defined by Section 404 of the Clean Water Act
and jurisdictional waters of the U. S./ State.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that the proposed
project would have a less than significant contribution to the environmental effect identified in
the Final SEIR No. 2 and would not require the imposition of mitigation measures.
Wildlife Movement Corridors
The proposed project could have a substantial adverse effect on the movement of native resident
or migratory fish or wildlife species or on established native resident or migratory wildlife
corridors.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that the proposed
project would have a less than significant contribution to the environmental effect identified in
the Final SEIR No. 2 and would not require the imposition of mitigation measures.
Final SEIR No. 2 Section 3.5 Geology, Soils, Seismicity, and
Mineral Resources
Surface Rupture
The proposed project could expose people or buildings to loss, injury, or death resulting from
surface rupture if proper design/ engineering precautions were not taken.
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Findings of Fact and Statement of Overriding Considerations
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that the proposed
project would have a less than significant contribution to the environmental effect identified in
the Final SEIR No. 2 and would not require the imposition of mitigation measures.
Seismic Ground Shaking
The proposed project could expose people or buildings to loss, injury, or death resulting from
strong seismic ground shaking if proper design/ engineering precautions were not taken.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that the proposed
project would have a less than significant contribution to the environmental effect identified in
the Final SEIR No. 2 and would not require the imposition of mitigation measures.
Seismic Ground Failure Including Liquefaction
The proposed project could expose people or buildings to loss, injury, or death resulting from
seismic related ground failure if proper design/ engineering precautions were not taken.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that the proposed
project would have a less than significant contribution to the environmental effect identified in
the Final SEIR No. 2 and would not require the imposition of mitigation measures.
Landslides or other Geologically Unstable Area
The proposed project could be located on an unstable geologic unit that would potentially be
subject to adverse effects caused by landslides, lateral spreading, subsidence, liquefaction or
collapse.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that the proposed
project would have a less than significant contribution to the environmental effect identified in
the Final SEIR No. 2 and would not require the imposition of mitigation measures.
Mineral Resources
The proposed project could result in the loss of resource availability or value to the region.
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Findings October 2009
Findings of Fact and Statement of Overriding Considerations
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that the proposed
project would have a less than significant contribution to the environmental effect identified in
the Final SEIR No. 2 and would not require the imposition of mitigation measures.
Final SEIR No. 2 Section 3.7 Hydrology and Water Quality
Drainage and Flooding
The proposed project could result in increased runoff, on- site or off- site flooding, exceed storm
drain infrastructure, place structures within a 100- year flood plain that would impede flood flows,
or result in increased storm water velocity that would cause erosion.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that the proposed
project would have a less than significant contribution to the environmental effect identified in
the Final SEIR No. 2 and would not require the imposition of mitigation measures.
Groundwater Depletion
The proposed project could cause a lowering of the groundwater table or interfere with
groundwater recharge by creating large impervious surface areas.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that the proposed
project would have a less than significant contribution to the environmental effect identified in
the Final SEIR No. 2 and would not require the imposition of mitigation measures.
Seiche, Tsunami, and Mudflow
The proposed project could be located in an area where a seiche, tsunami, or mudflow could
damage property or structures in the project area.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that the proposed
project would have a less than significant contribution to the environmental effect identified in
the Final SEIR No. 2 and would not require the imposition of mitigation measures.
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Findings October 2009
Findings of Fact and Statement of Overriding Considerations
Final SEIR No. 2 Section 3.9 Noise and Vibration
Vibration
Project related vibration levels at the nearest sensitive receptors could exceed the potential
building damage threshold of 0.2 PPV or the annoyance threshold of 80 RMS.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that the proposed
project would have a less than significant contribution to the environmental effect identified in
the Final SEIR No. 2 and would not require the imposition of mitigation measures.
Permanent Noise Increase
The proposed project could result in a substantial permanent increase in ambient noise levels in
the project vicinity above existing levels without the project.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that the proposed
project would have a less than significant contribution to the environmental effect identified in
the Final SEIR No. 2 and would not require the imposition of mitigation measures.
Final SEIR No. 2 Section 3.10 Transportation and Traffic
Level of Service Standard
The proposed project could result in an increase in daily vehicle trips on roadways in the project
area due to worker commutes and material hauling and delivery.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that the proposed
project would have a less than significant contribution to the environmental effect identified in
the Final SEIR No. 2 and would not require the imposition of mitigation measures.
Final SEIR No. 2 Section 3.11 Utilities, Energy, and Public
Services
Energy Demand
The proposed project could result in wasteful consumption of energy or require more electricity
than the local system could provide.
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Findings October 2009
Findings of Fact and Statement of Overriding Considerations
DWR East Branch Extension – Phase I Improvements B- 27 ESA / 206008.04
Findings October 2009
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that the proposed
project would have a less than significant contribution to the environmental effect identified in
the Final SEIR No. 2 and would not require the imposition of mitigation measures.
Findings of Fact and Statement of Overriding Considerations
EXHIBIT C
Findings of Fact Concerning Project Alternatives
C. 1 Introduction
CEQA requires that an EIR “ describe a range of reasonable alternatives to the project or to the
location of the project, which could feasibly attain the basic objectives of the project…” ( CEQA
Guidelines § 15126 ( d)). If a project alternative will substantially lessen the significant
environmental effects of a proposed project, the decision maker should not approve the proposed
project unless it determines that specific economic, legal, social, technological, or other
considerations,… make the project alternative infeasible.” ( Public Resources Code § 21002,
CEQA Guidelines § 15091( a)( 3)). The Draft SEIR No. 2 evaluated alternative approaches to
accomplishing the objectives of the project. The findings with respect to the alternatives
identified in the Draft SEIR No. 2 are identified below.
C. 2 Project Objectives
The proposed project would allow DWR to fill the Crafton Hills Reservoir during off- peak
periods of the day, reducing demands on the energy grid, and lowering pumping costs. The
current size of the Crafton Hills Reservoir is insufficient to efficiently meet local water demands.
Operating under its present capacity, DWR fills the reservoir throughout much of the day and
night and must operate the pumps at the Greenspot Pump Station and the Crafton Hills Pump
Station during daily peak energy demand periods, placing a peak- period load on the energy grid
that could be alleviated by the proposed project. The reservoir enlargement would not increase
the conveyance capacity of the East Branch Extension, but would substantially enhance the
system’s operating flexibility and reliability. The primary project objectives are:
• Enhance the East Branch Extension’s operating flexibility and reliability;
• Reduce energy demand during peak demand periods.
C. 3 Reasonable Range of Alternatives.
According to the CEQA Guidelines, an EIR must describe a reasonable range of alternatives to a
project that could attain most of the basic project objectives, are feasible, and would avoid or
substantially lessen any of the project’s significant environmental effects ( CEQA Guidelines,
Section 15126.6( f)). “ Feasible” means capable of being accomplished in a successful manner
within a reasonable period of time, taking into account economic, environmental, legal, social and
technological factors.
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Findings of Fact and Statement of Overriding Considerations
DWR East Branch Extension – Phase I Improvements C- 2 ESA / 206008.04
Findings October 2009
An EIR need not consider every conceivable alternative to a project. An EIR must briefly
describe the rationale for selection and rejection of alternatives and the information the lead
agency relied on when making the selection. It also should identify any alternatives considered,
but rejected as infeasible by the lead agency during the scoping process and briefly explain the
reasons for the exclusion. Alternatives may be eliminated from detailed consideration in the EIR
if they fail to meet most of the project objectives, are infeasible, or do not avoid any significant
environmental effects.
In the Draft SEIR No. 2, DWR considered four alternatives to the proposed project, in addition to
the No Project Alternative: raising the existing dam, an alternative reservoir location, alternative
reservoir sizes, and storage tanks. The four alternatives were rejected from consideration based on
a screening process that applied three screening criteria to each alternative: 1) ability to meet
project objectives, 2) economic and engineering feasibility, and 3) ability to reduce significant
environmental effects associated with the proposed project. All four alternatives were rejected
from further consideration based on these criteria. In accordance with the CEQA Guidelines, the
No Project Alternative, which is required under CEQA 15126( d)( 2), was examined in detail.
C. 3.1 No Project Alternative
Discussion of the No- Project Alternative must examine the existing conditions and reasonably
foreseeable future conditions that would exist if the project were not approved ( CEQA Guidelines
§ 15126.6( e)). For this Draft SEIR No. 2, under the No Project Alternative, construction of
facilities identified under the proposed project would not be implemented. The current operation
of the existing Crafton Hills Reservoir would remain unchanged.
Findings
The No Project Alternative would not meet any of the project objectives. The No Project
Alternative would maintain the current operations of the East Branch Extension facilities but
would not provide for improved operational flexibility, reliability, or allow the reservoir to be
filled during off peak energy demand periods, which would reduce the energy demand during
peak demand periods. This alternative is not considered superior to the proposed project, because
it would not meet the stated project objectives.
Selection of the No Project Alternative would eliminate construction and operational impacts
associated with the proposed project. As discussed in Chapter 3 of the Draft SEIR No. 2,
implementation of the proposed project would generate significant and unavoidable direct and
cumulative impacts to air quality, significant and unavoidable impacts to scenic vistas and visual
character, significant and unavoidable direct and cumulative noise impacts, significant and
unavoidable impacts to land use plans and open space, and significant and unavoidable
cumulative impacts on aesthetics, biological resources, and land use. The No Project Alternative
would also avoid essentially all of the less- than- significant impacts identified with
implementation of the proposed project.
Findings of Fact and Statement of Overriding Considerations
EXHIBIT D
Statement of Overriding Considerations
D. 1 Summary of Overriding Considerations
Section 15093 of the CEQA Guidelines establishes the following requirements for a Statement of
Overriding Considerations:
( a) CEQA requires the decision- making agency to balance, as applicable, the economic, legal,
social, technological or other benefits of a proposed project against its unavoidable
environmental risks when determining whether to approve the project. If the specific
economic, legal, social, technological or other benefits of a proposed project outweigh the
unavoidable adverse environmental effects, the adverse environmental effects may be
considered “ acceptable”.
( b) Where the decision of the public agency allows the occurrence of significant effects, which
are identified in the final EIR but are not avoided or substantially lessened, the agency shall
state in writing the specific reasons to support its action based on the final EIR and/ or other
information in the record. This statement may be necessary if the agency also makes a
finding under Section 15091( a)( 2) or ( a)( 3).
( c) If an agency makes a statement of overriding considerations, the statement should be
included in the record of the project approval and should be mentioned in the notice of
determination.
Pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15093, DWR
adopts and makes the following Statement of Overriding Considerations regarding the remaining
unavoidable impacts of the proposed project and the anticipated economic, legal, social,
technological, environmental, and other benefits of the proposed project.
In considering the proposed project, DWR has weighed the benefits of the proposed project
against the adverse impacts identified in the Final SEIR No. 2 as significant and potentially
significant that have not been avoided or substantially lessened through mitigation to a level of
less than significant. DWR hereby determines that the benefits of the proposed project outweigh
the unmitigated adverse impacts and the proposed project should be approved. DWR finds that to
the extent that the identified significant or potentially significant adverse impacts have not been
avoided or substantially lessened, there are specific economic, legal, social, technological or other
considerations which support approval of the project.
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Findings October 2009
Findings of Fact and Statement of Overriding Considerations
D. 2 Benefits of Proposed Project
The proposed project would allow DWR to fill the existing Crafton Hills Reservoir less
frequently and during off- peak periods of the day, which would reduce pumping during peak
periods, reduce demands on the energy grid, and lower pumping costs. The current size of the
Crafton Hills Reservoir is insufficient to efficiently meet local demands. Operating under its
present capacity, DWR fills the reservoir throughout the day and night and must operate the
pumps at the Greenspot Pump Station and the Crafton Hills Pump Station during daily peak
energy demand periods, placing load on the energy grid. The reservoir enlargement would not
increase the conveyance capacity of the East Branch Extension, but would substantially enhance
the system’s operating flexibility and reliability.
D. 3 Adoption of Overriding Considerations
DWR specifically adopts this Statement of Overriding Considerations and finds that: a) as part of
the approval provisions, the proposed project has eliminated or substantially lessened all
significant effects on the environment where feasible; b) other mitigation measures to mitigate the
secondary effects of growth associated with the proposed project are within the jurisdiction of
other public agencies, and, c) the remaining unavoidable impacts of the proposed project are
acceptable in light of the environmental, economic, legal, social, technological, and other
considerations set forth herein, because the benefits of the proposed project outweigh the
significant and adverse impacts of the proposed project, as noted below.
The Final SEIR No. 2 concludes that the proposed project would result in significant and
unavoidable impacts as summarized below:
1. aesthetics due to a physical change to the scenic vistas of the Crafton Hills;
2. aesthetics due to permanent changes to the visual character of the Crafton Hills;
3. air quality due to construction emissions of NOx, PM10, and PM2.5 above daily thresholds of
significance;
4. land use due to conflicts with the goals of the Crafton Hills Open Space Conservancy and a
permanent loss of open space.
5. construction noise due to a temporary increase in ambient noise levels;
6. cumulative air emissions due to construction emissions of NOx, PM10, and PM2.5;
7. cumulative effects to aesthetics due to impacts to visual character;
8. cumulative effects to biological resources due to loss of habitats;
9. cumulative effects to land use due to loss of open space.
The proposed project cannot be implemented in a way that accomplishes the basic project
objectives without resulting in direct construction and operational impacts. DWR finds that the
overall benefit of the proposed project outweighs these environmental impacts. Implementation of
the proposed project would allow DWR to continue to operate the Crafton Hills Reservoir as a
raw water storage reservoir while simultaneously reducing the frequency of pumping required to
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Findings October 2009
Findings of Fact and Statement of Overriding Considerations
DWR East Branch Extension – Phase I Improvements D- 3 ESA / 206008.04
Findings October 2009
fill the reservoir. The proposed project would enlarge the existing reservoir and increase the
storage capacity, allowing for longer drawdown periods and for the reservoir to be refilled during
low energy demand periods. Enlargement of the reservoir would provide operational flexibility of
the Crafton Hills Reservoir facility. These benefits outweigh the secondary effects of growth
associated with implementation of the proposed project.
The proposed project cannot be implemented in a way that accomplishes the basic project
objectives without contributing to cumulative impacts to aesthetics, air quality, biological
resources, and land use. The benefits of enlarging the reservoir, as described above, outweigh the
cumulative impacts associated with implementation of the proposed project.
DWR finds that the benefits of the proposed project outweigh its significant adverse
environmental impacts. These benefits described above are overriding considerations warranting
approval of the proposed project. These matters are supported by substantial evidence in the
record.
Findings of Fact and Statement of Overriding Considerations
EXHIBIT E
Mitigation Monitoring and Reporting Program
Monitoring Schedule
Mitigation Measures
Implementation, Monitoring, and
Reporting Action Responsibility
Before
Construction
During
Construction
After
Construction
Aesthetics
AES- 1: Conceptual landscape guidelines shall be
established by DWR during preparation of final
construction plans for plantings designated in areas to
be revegetated or screened from view. These guidelines
shall be prepared to illustrate all plant materials, sizes,
species, and quantities, and irrigation and preservation
techniques. There shall be a variety of landscape types
addressed including revegetating graded slopes and
earthen berms. Roads and trail cuts shall be vegetated
with natural grasses, shrubs and trees to blend with the
adjacent landscape character.
• DWR shall require the design engineer
to develop conceptual landscape
guidelines to be included in final
construction plans and drawings. The
guidelines shall include planting plans
that illustrate all plant materials,
varieties, sizes, species, and
quantities, and irrigation and
preservation techniques.
• DWR shall ensure the landscape
guidelines and planting plans are
included in construction contractor
specifications for implementation
during the final site restoration and
revegetation phase of project
construction.
DWR X
AES- 2: DWR shall ensure that plantings shall be
integrated with earthen berms and cut slopes as soon as
possible to screen undesirable views. For these
situations, the landscape design guidelines shall include
grading guidelines. Grading guidelines shall address
issues such as the area where berms are
recommended, the sizes of such berms and
recommended slope gradients to minimize soil erosion.
• DWR shall require the design engineer
to develop grading guidelines to be
included in the final construction plans
and drawing. The grading guidelines
shall include size, location, and slope
for all berms. The grading guidelines
shall be part of the landscape
guidelines to be developed for
Mitigation Measure AES- 1, which
shall include berms and vegetation
screens in the planting plan.
DWR X X X
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Findings October 2009
Findings of Fact and Statement of Overriding Considerations
EXHIBIT E ( continued)
DWR EAST BRANCH EXTENSION PHASE I IMPROVEMENTS MITIGATION MONITORING AND REPORTING PROGRAM
DWR East Branch Extension – Phase I Improvements E- 2 ESA / 206008.04
Findings October 2009
Monitoring Schedule
Mitigation Measures
Imple
Repor Responsibility
Before
Construction
During
Construction
After
Construction
mentation, Monitoring, and
ting Action
• DWR shall ensure the grading
guidelines are included in construction
contractor specifications for
implementation during project
construction.
AES- 3: Following reservoir construction, DWR shall
prepare a revegetation plan and shall revegetate the
area of disturbance with plants native to the Crafton
Hills. The spoil area downstream of the dam shall be
revegetated with plants approved by DSOD. DWR shall
consult with CHOSC on the native plants to be used for
revegetation. Restoration of disturbed areas shall be
limited to areas above the high water mark of the
reservoir. DWR shall monitor the revegetated areas for a
period of three years to ensure that revegetation is
successful. The revegetation plan shall include
performance standards to define success criteria.
• DWR shall require the construction
contractor to develop a revegetation
plan that includes appropriate plant
varieties approved by DSOD,
performance standards, and success
criteria. The revegetation plan shall
incorporate the landscape guidelines
and grading guidelines developed in
accordance with Mitigation Measures
AES- 1 and AES- 2.
• DWR and the construction contractor
shall consult with CHOSC regarding
the plant varieties included in the
revegetation plan.
• DWR shall include in the contractor’s
specifications the requirement to
implement the revegetation plan
during the final site restoration and
revegetation phase of project
construction.
• DWR shall appoint a restoration
monitor to conduct annual inspections
of revegetation areas and evaluate
planting success. Inspection records
shall be retained in the project file.
DWR X X
Air Quality
AQ- 1: DWR shall ensure that contractors implement a
fugitive dust control program pursuant to the provisions
of SCAQMD Rule 403.
• Include mitigation measure in
construction contractor specifications.
• DWR shall appoint a construction
monitor to perform site inspections to
verify contractor compliance with
components of fugitive dust control
program, as appropriate. Inspection
records shall be retained in the project
DWR X
Findings of Fact and Statement of Overriding Considerations
EXHIBIT E ( continued)
DWR EAST BRANCH EXTENSION PHASE I IMPROVEMENTS MITIGATION MONITORING AND REPORTING PROGRAM
DWR East Branch Extension – Phase I Improvements E- 3 ESA / 206008.04
Findings October 2009
Monitoring Schedule
Mitigation Measures
Imple
Repor Responsibility
Before
Construction
During
Construction
After
Construction
men
tin
tation, Monitoring, and
g Action
file.
• DWR shall require the construction
contractor to submit periodic
maintenance and operation records,
as appropriate, to demonstrate
compliance with the fugitive dust
control program. Maintenance and
operation records shall be retained in
the project file.
AQ- 2: DWR shall ensure that construction equipment is
properly tuned and maintained in accordance with
manufacturer’s specifications.
• Include mitigation measure in
construction contractor specifications.
• DWR shall require the construction
contractor to submit periodically
equipment maintenance records to
demonstrate compliance with the
manufacturer’s specifications.
Maintenance records shall be retained
in the project file.
DWR X
AQ- 3: Coatings and solvents used in the proposed
project shall be consistent with applicable SCAQMD
Rule 1113.
• Include mitigation measure in
construction contractor specifications.
• DWR shall review contractor work
plans and materials lists to ensure
coatings and solvents to be used
during construction are consistent with
SCAQMD Rule 113. Retain contractor
work plans and materials lists in the
project file.
DWR X
AQ- 4: Dust control measures such as wetting or use of
soil binders shall be implemented on haul roads
throughout each construction day to minimize fugitive
dust emissions at the closest sensitive receptors.
• Include mitigation measure in
construction contractor specifications.
• Construction drawings shall identify
the roadways that shall be maintained
to reduce dust.
• During construction, DWR shall
appoint a construction monitor to
perform site inspections to verify
contractor compliance. Retain
inspection records in the project file.
DWR X X
Findings of Fact and Statement of Overriding Considerations
EXHIBIT E ( continued)
DWR EAST BRANCH EXTENSION PHASE I IMPROVEMENTS MITIGATION MONITORING AND REPORTING PROGRAM
DWR East Branch Extension – Phase I Improvements E- 4 ESA / 206008.04
Findings October 2009
Monitoring Schedule
Mitigation Measures
Imple
Repor Responsibility
Before
Construction
During
Construction
After
Construction
mentation, Monitoring, and
ting Action
AQ- 5: Construction vehicle speeds on dirt access roads
shall be no greater than 15 miles per hour.
• Include mitigation measure in
construction contractor specifications.
• Speed limit signs shall be installed at
the construction site.
• During construction, DWR shall
appoint a construction monitor to
perform site inspections to verify
contractor compliance. Retain
inspection records in the project file.
DWR X
AQ- 6: Wheel washers or other similar methods shall be
installed where vehicles exit the construction site onto
paved roads.
• Include mitigation measure in
construction contractor specifications.
• During construction, DWR shall
appoint a construction monitor to
perform site inspections to verify
contractor compliance. Retain
inspection records in the project file.
DWR X
AQ- 7: Haul vehicles shall be covered or comply with the
vehicle freeboard requirements of Section 23114 of the
California Vehicle Code for both public and private
roads.
• Include mitigation measure in
construction contractor specifications.
• During construction, DWR shall
appoint a construction monitor to
perform site inspections to verify
contractor compliance. Retain
inspection records in the project file.
DWR X
AQ- 8: DWR shall ensure that trucks and construction
vehicles shall be prohibited from idling in excess of five
minutes, both on- and off- site, when not in use.
• Include mitigation measure in
construction contractor specifications.
• During construction, DWR shall
appoint a construction monitor to
perform site inspections to verify
contractor compliance. Retain
inspection records in the project file.
DWR X
AQ- 9: Electricity from power poles rather than temporary
diesel- or gasoline- powered generators shall be used
where available.
• Include mitigation measure in
construction contractor specifications.
• During construction, DWR shall
appoint a construction monitor to
perform site inspections to verify
contractor compliance. Retain
inspection records in the project file.
DWR X
Findings of Fact and Statement of Overriding Considerations
EXHIBIT E ( continued)
DWR EAST BRANCH EXTENSION PHASE I IMPROVEMENTS MITIGATION MONITORING AND REPORTING PROGRAM
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Findings October 2009
Monitoring Schedule
Mitigation Measures
Imple
Repor Responsibility
Before
Construction
During
Construction
After
Construction
mentation, Monitoring, and
ting Action
Biological Resources
BIO- 1: DWR shall have a qualified biologist conduct a
pre- construction spring/ summer floristic inventory and
rare plant survey at the proposed project areas to
determine and map the location and extent of special-status
plant species populations, including the
construction easement and right- of- way. The locations of
special- status plant species affected by project
construction and operation shall be identified. The
results of the survey shall be used to identify the limits of
the construction zone.
• Prior to construction of each project
component, DWR shall retain a
qualified biologist to conduct a
spring/ summer floristic survey and
rare plant survey of the project area.
• Retain survey report in the project file.
DWR X
BIO- 2: DWR shall avoid and minimize impacts on
special- status plant species by reducing the construction
right- of- way through occurrences of special- status plant
species to either avoid the occurrence or reduce impacts
to the minimum necessary to complete the project.
• Include mitigation measure in
construction contractor specifications.
• The limits of the construction zone and
occurrences of special- status plants to
be avoided shall be delineated on
construction drawings as determined
by a qualified biologist. The marked up
drawings shall be used to delineate
the construction zone in the field as
required under Mitigation Measure
BIO- 3.
• During construction, DWR shall
appoint a construction monitor to
perform site inspections to verify
contractor compliance with the
construction zone limits. Retain
inspection records in the project file.
DWR X X
BIO- 3: DWR shall stake, flag, fence, or otherwise clearly
delineate the construction right- of- way that restricts the
limits of construction to the minimum necessary to
implement the project that also would avoid and
minimize impacts on special- status plants where
feasible.
• Include mitigation measure in
construction contractor specifications.
• DWR shall retain a qualified biologist
to delineate the construction right- of-way
to avoid special- status plants
where feasible as identified on
construction drawings per Mitigation
Measure BIO- 2. The project field
engineer, inspectors, and contractor, if
available, shall accompany the
biologist when the limits of
DWR X
Findings of Fact and Statement of Overriding Considerations
EXHIBIT E ( continued)
DWR EAST BRANCH EXTENSION PHASE I IMPROVEMENTS MITIGATION MONITORING AND REPORTING PROGRAM
DWR East Branch Extension – Phase I Improvements E- 6 ESA / 206008.04
Findings October 2009
Monitoring Schedule
Mitigation Measures
Imple
Repor Responsibility
Before
Construction
During
Construction
After
Construction
mentation, Monitoring, and
ting Action
construction are staked in the field.
• During construction, DWR shall
appoint a construction monitor to
perform site inspections to verify
contractor compliance with
construction zone limits. Retain
inspection records in the project file.
BIO- 4: Where avoidance of federal or state listed
endangered or threatened species is not feasible as
determined by pre- construction surveys, DWR shall
prepare and implement a habitat restoration plan for
unavoidable temporary impacts to endangered or
threatened plants due to project construction in
consultation with USFWS and CDFG. The restoration
plan shall include at a minimum the following measures:
• Documentation of the location and extent of federal
or state endangered or threatened plant species
affected by construction in areas that would not be
permanently cleared or filled and quantification of
the temporary impacts based on acres of habitat,
individual plants, and/ or other means to clearly
articulate the unavoidable impacts.
• Goals and objectives for federal or state
endangered or threatened plant species that
establish the quantifiable criteria for successful
implementation and completion of the restoration
plan.
• A salvage and replacement program for the top 6 to
12 inches of surface material and topsoil including
plant material and duff.
• A salvage and replanting program for perennial
federal and state endangered or threatened plant
species.
• An invasive plant species maintenance, monitoring,
and removal program.
• Success criteria that establishes yearly thresholds
for growth and establishment of federal or state
endangered or threatened plant species on an
acreage extent of occurrence or per plant basis.
• If the results of pre- construction
surveys indicate the project would
have temporary impacts to federal or
state listed endangered or threatened
plant species, then prior to
construction, DWR shall retain a
qualified biologist to prepare and
implement a special- status species
habitat restoration plan for temporary
construction impacts.
• DWR shall include soil salvage and
backfilling procedures of the habitat
restoration plan in construction
contractor specifications.
• During construction, DWR shall
appoint a construction monitor to
perform site inspections to verify
contractor compliance with the
restoration plan. Retain inspection
records in the project file.
• After construction and replanting is
complete, DWR shall retain a qualified
biologist to perform site inspections in
accordance with the restoration plan
to verify success of growth and
establishment of plant species. Retain
inspection records in the project file.
DWR X X X
Findings of Fact and Statement of Overriding Considerations
EXHIBIT E ( continued)
DWR EAST BRANCH EXTENSION PHASE I IMPROVEMENTS MITIGATION MONITORING AND REPORTING PROGRAM
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Findings October 2009
Monitoring Schedule
Mitigation Measures
Imple
Repor Responsibility
Before
Construction
During
Construction
After
Construction
mentation, Monitoring, and
ting Action
BIO- 5: Where permanent loss of federal or state listed
endangered or threatened plant species occurs, DWR
shall prepare and implement a species compensation
plan for unavoidable permanent impacts to federal or
state endangered or threatened plants due to project
construction or operation in consultation with USFWS
and CDFG. The compensation plan shall include at a
minimum the following measure:
• Purchase of compensatory mitigation lands or
credits at an approved conservation bank at a
minimum 1: 1 ratio for the preservation in perpetuity
and dedication in deed restriction, conservation
easement, or some other suitable land
conservation instrument.
• If the results of pre- construction
surveys indicate the project would
have permanent impacts to federal or
state listed endangered or threatened
plant species, then prior to
construction, DWR shall retain a
qualified biologist to prepare and
implement a species compensation
plan for permanent construction
impacts.
• If required by the compensation plan,
DWR shall purchase compensatory
mitigation lands or credits for
permanent construction impacts to
federal or state listed threatened or
endangered plants.
DWR X X X
BIO- 6: DWR shall have a qualified biologist conduct pre-construction
spring/ summer active season general
reconnaissance and trapping surveys for the special-status
wildlife species within the proposed project area
to determine and map the location and extent of special-status
species occurrence( s), including the construction
easement and right of way. The results of the survey
shall be used to identify the limits of the construction
zone.
• Prior to construction of each project
component, DWR shall retain a
qualified biologist to conduct
spring/ summer active season general
reconnaissance and trapping surveys
for special- status wildlife species.
• Retain survey report in the project file.
DWR X
BIO- 7: DWR shall stake, flag, fence, or otherwise clearly
delineate the construction right- of- way that restricts the
limits of construction to the minimum necessary to
implement the proposed project that also would avoid
and minimize impacts on special- status wildlife species
and RAFSS habitat.
• Include mitigation measure in
construction contractor specifications.
• The limits of the construction zone and
occurrences of special- status wildlife
species to be avoided shall be
delineated on construction drawings
as determined by a qualified biologist.
The marked up drawings shall be used
to delineate the construction zone in
the field.
• DWR shall retain a qualified biologist
to delineate the construction right- of-way
to avoid special- status wildlife
where feasible. The project field
engineer, inspectors, and contractor, if
DWR X X
Findings of Fact and Statement of Overriding Considerations
EXHIBIT E ( continued)
DWR EAST BRANCH EXTENSION PHASE I IMPROVEMENTS MITIGATION MONITORING AND REPORTING PROGRAM
DWR East Branch Extension – Phase I Improvements E- 8 ESA / 206008.04
Findings October 2009
Monitoring Schedule
Mitigation Measures
Imple
Repor Responsibility
Before
Construction
During
Construction
After
Construction
mentation, Monitoring, and
ting Action
available, shall accompany the
biologist when the limits of
construction are staked in the field.
• During construction, DWR shall
appoint a construction monitor to
perform site inspections to verify
contractor compliance with
construction zone limits. Retain
inspection records in the project file.
BIO- 8: DWR shall have a qualified biologist conduct a
pre- construction capture, salvage, and relocation effort
to remove wildlife species from the project area to avoid
and minimize impacts to them. The removal of federal or
state listed threatened or endangered species will be
conducted in accordance with USFWS and/ or CDFG
consultation.
• For wildlife species identified during
pre- construction surveys under
Mitigation Measure BIO- 7, DWR shall
retain a qualified biologist to conduct
the required capture, salvage, and
relocation effort prior to initiating any
ground- disturbing activities.
• DWR shall consult with the USFWS or
CDFG prior to removing and
relocating threatened or endangered
federal or state listed species.
• Retain records of capture, salvage,
and relocation effort in the project file.
DWR X
BIO- 9: During construction, DWR shall enlist the
services of a biological construction monitor to conduct,
as necessary, capture, salvage, and relocation efforts to
remove federal or state listed threatened or endangered
wildlife species from the project area to avoid and
minimize impacts to these species in consultation with
USFWS and/ or CDFG.
• Include mitigation measure in
construction contractor specifications.
• DWR shall retain a qualified biological
construction monitor to conduct as
necessary the required capture,
salvage, and relocation effort.
• Retain records of capture, salvage,
and relocation effort in the project file.
DWR X
BIO- 10: Where avoidance of federal or state listed
endangered or threatened wildlife species is not
feasible, DWR, in consultation with CDFG and USFWS,
shall prepare and implement a habitat restoration plan
for unavoidable temporary impacts to endangered or
threatened wildlife and their habitat due to project
construction. The restoration plan shall be part of that
specified for special- status plants in Mitigation Measure
BIO- 4 and shall include at a minimum the following
• If the results of pre- construction
surveys indicate the project would
have temporary impacts to federal or
state listed endangered or threatened
wildlife species or their habitat, then
prior to construction, DWR shall retain
a qualified biologist to prepare and
implement a federal or state
endangered or threatened species
DWR X X X
Findings of Fact and Statement of Overriding Considerations
EXHIBIT E ( continued)
DWR EAST BRANCH EXTENSION PHASE I IMPROVEMENTS MITIGATION MONITORING AND REPORTING PROGRAM
DWR East Branch Extension – Phase I Improvements E- 9 ESA / 206008.04
Findings October 2009
Monitoring Schedule
Mitigation M
Imple
Repor Responsibility
Before
Construction
During
Construction
After
easures Construction
mentation, Monitoring, and
ting Action
measures:
• Documentation of the location and extent of federal
or state endangered and threatened wildlife
species and occupied habitat affected by
construction and quantification of impacts based on
acres of occupied habitat, and/ or other means to
clearly articulate the unavoidable impacts.
• Goals and objectives for federal or state
endangered or threatened wildlife species and their
habitat that establishes the quantifiable criteria for
successful implementation and completion of the
restoration plan.
• An invasive plant species maintenance, monitoring,
and removal program.
restoration plan for temporary
construction impacts, in consultation
with CDFG and USFWS.
• Include restoration plan in construction
contractor specifications.
• During construction, DWR shall
appoint a construction monitor to
perform site inspections to verify
successful implementation of the
restoration plan. Retain inspection
records in the project file.
• After construction and initial
restoration activities are complete,
perform periodic site inspections in
accordance with the restoration plan
to verify success criteria are being
met. Retain inspection records in the
project file.
BIO- 11: Where avoidance of federal or state listed
endangered or threatened wildlife species is not
feasible, DWR, in consultation with CDFG and USFWS,
shall prepare and implement a habitat compensation
plan for unavoidable permanent impacts to endangered
and threatened wildlife species and their habitat. The
compensation plan shall include at a minimum the
following measure:
• Purchase of compensatory mitigation lands or
credits at a conservation bank at a minimum 1: 1
ratio for the preservation in perpetuity and
dedication in deed restriction, conservation
easement, or some other suitable land
conservation instrument. This compensatory
mitigation can be satisfied under the same habitat
acquisition/ conservation credit program under
Mitigation Measure BIO- 5 that is compatible for
both the impacted endangered or threatened plant
and wildlife species and their habitat.
• If the results of pre- construction
surveys indicate the project would
have permanent impacts to federal or
state listed endangered or threatened
plant species, then prior to
construction DWR shall retain a
qualified biologist to prepare and
implement a habitat compensation
plan for permanent construction
impacts to federal or state listed
endangered or threatened species.
• If required by the compensation plan,
DWR shall purchase compensatory
mitigation lands or credits for
permanent construction impacts to
federal or state listed endangered or
threatened wildlife and their habitat.
DWR X X X
Findings of Fact and Statement of Overriding Considerations
EXHIBIT E ( continued)
DWR EAST BRANCH EXTENSION PHASE I IMPROVEMENTS MITIGATION MONITORING AND REPORTING PROGRAM
DWR East Branch Extension – Phase I Improvements E- 10 ESA / 206008.04
Findings October 2009
Monitoring Schedule
Mitigation Measures
Imple
Repor Responsibility
Before
Construction
During
Construction
After
Construction
mentation, Monitoring, and
ting Action
BIO- 12: DWR shall have a qualified biologist conduct a
pre- construction nesting season protocol survey for the
coastal California gnatcatcher within the proposed
pipeline project area to determine and map the location
and extent of nesting coastal California gnatcatcher
occurrence( s) within the construction right- of- way.
• If project construction is initiated
during the nesting season, then prior
to construction, DWR shall retain a
qualified biologist to conduct nesting
season protocol surveys for the
coastal California gnatcatcher in the
connector pipeline project area.
• Retain survey report in the project file.
DWR X
BIO- 13: DWR shall have a qualified biologist conduct a
pre- construction spring/ summer active season general
reconnaissance for nesting/ roosting special- status
mobile bird and bat species, and other nesting birds
within the proposed project areas to determine and map
the location and extent of special- status species
occurrence( s).
• Prior to construction of all project
components, DWR shall retain a
qualified biologist to conduct
spring/ summer active season general
reconnaissance surveys for
nesting/ roosting special- status mobile
bird and bat species.
• Retain survey report in the project file.
DWR X
BIO- 14: DWR shall avoid direct impacts on nesting
coastal California gnatcatchers and any nesting birds
located within the construction right of way. This could
be accomplished by establishing the construction right of
way and removal of plant material outside of the typical
range of the breeding bird season ( February 1 through
August 31).
• Include mitigation measure in
construction contractor specifications.
• DWR shall require the construction
contractor to coordinate the project
schedule to avoid establishing and
clearing the construction right of way
during the breeding bird season
( February 1 through August 31), if
feasible.
• Retain construction schedule in the
project file.
DWR X
BIO- 15: If construction and vegetation removal is
proposed for the bird nesting period February 1 through
August 31, then active nest sites located during the pre-construction
surveys shall be avoided and a non-disturbance
buffer zone established dependent on the
species and as approved by the USFWS and CDFG.
Nest sites shall be avoided with approved non-disturbance
buffer zones until the adults and young are
no longer reliant on the nest site for survival as
determined by a qualified biologist.
• Include mitigation measure in
construction contractor specifications.
• If project construction is initiated
during the breeding bird season
( February 1 through August 31), then
the limits of the construction zone,
occurrences of active nest sites ( per
surveys conducted under Mitigation
Measures BIO- 12 and BIO- 13), and
limits of non- disturbance buffer zones
shall be delineated on construction
DWR X X
Findings of Fact and Statement of Overriding Considerations
EXHIBIT E ( continued)
DWR EAST BRANCH EXTENSION PHASE I IMPROVEMENTS MITIGATION MONITORING AND REPORTING PROGRAM
DWR East Branch Extension – Phase I Improvements E- 11 ESA / 206008.04
Findings October 2009
Monitoring Schedule
Mitigation Measures
Imple
Repor Responsibility
Before
Construction
During
Construction
After
Construction
mentation, Monitoring, and
ting Action
drawings as determined by a qualified
biologist in consultation with USFWS
and CDFG.
• During construction, DWR shall
appoint a construction monitor to
perform site inspections to verify
contractor compliance with non-disturbance
zones. Retain inspection
records in the project file.
BIO- 16: If a natal bat roost site is located during pre-construction
surveys, it shall be avoided with a non-disturbance
buffer zone established by a qualified
biologist until the site is abandoned.
• Include mitigation measure in
construction contractor specifications.
• If natal bat roost sites are identified
during pre- construction bat surveys
conducted under Mitigation Measure
BIO- 13, then prior to construction of
associated project components, the
limits of the construction zone,
occurrences of natal bat roost sites,
and limits of non- disturbance buffer
zones shall be delineated on
construction drawings as determined
by a qualified biologist.
• During construction, DWR shall
appoint a construction monitor to
perform site inspections to verify
contractor compliance with non-disturbance
zones. Retain inspection
records in the project file.
DWR X X
BIO- 17: DWR shall minimize impacts on documented
locations of nesting coastal California gnatcatchers and
any nesting birds by reducing the construction right- of-way
through areas of occurrences to either avoid the
occurrence or reduce impacts to the minimum necessary
to complete the proposed project.
• Include mitigation measure in
construction contractor specifications.
• If project construction is initiated
during the nesting season, then prior
to construction DWR shall consult with
a qualified biologist to minimize the
construction zone in areas with known
occurrences of nesting birds to avoid
or minimize impacts to areas of
occurrence.
• During construction, DWR shall
DWR X X
Findings of Fact and Statement of Overriding Considerations
EXHIBIT E ( continued)
DWR EAST BRANCH EXTENSION PHASE I IMPROVEMENTS MITIGATION MONITORING AND REPORTING PROGRAM
DWR East Branch Extension – Phase I Improvements E- 12 ESA / 206008.04
Findings October 2009
Monitoring Schedule
Mitigation Measures
Imple
Repor Responsibility
Before
Construction
During
Construction
After
Construction
mentation, Monitoring, and
ting Action
appoint a construction monitor to
perform site inspections to verify
contractor compliance with
construction zone limitations. Retain
inspection records in the project file.
BIO- 18: DWR shall stake, flag, fence, or otherwise
clearly delineate the construction right- of- way that
restricts the limits of construction to the minimum
necessary to implement the proposed project that also
would avoid and minimize impacts on special- status
wildlife species and RAFSS habitat.
• Include mitigation measure in
construction contractor specifications.
• Prior to construction, DWR shall
consult with a qualified biologist to
minimize and delineate the
construction zone in areas with known
occurrences of special- status wildlife
and RAFSS habitat to avoid or
minimize impacts to areas of
occurrence.
• During construction, DWR shall
appoint a construction monitor to
perform site inspections to verify
contractor compliance with
construction zone limitations. Retain
inspection records in the project file.
DWR X X
BIO- 19: DWR shall purchase compensatory mitigation
lands or credits at a conservation bank at a minimum 1: 1
ratio for unavoidable permanent impacts to open space
habitat. This compensatory mitigation can be satisfied
with any mitigation lands purchased in accordance with
the species compensation plan required by Mitigation
Measures BIO- 5 and BIO- 11.
• DWR shall purchase compensatory
mitigation lands or credits for
permanent construction impacts to
open space habitat.
DWR X X X
Cultural Resources
CR- 1: Avoidance. DWR shall narrow the construction
zone to avoid sites CH- GPS6, CH- GPS7, and CH- GPS9
where feasible. If appropriate, prior to construction, a
qualified archaeologist ( defined as an archaeologist
meeting the Secretary of the Interior’s Standards for
professional archaeology) shall mark exclusion zones
around known archaeological sites that can be avoided
to ensure they are not impacted by construction.
Ground- disturbing activities, including brush clearance
and grading, occurring within 100 feet of sites CH- GPS6,
• Include mitigation measure in
construction contractor specifications.
• The limits of the construction zone and
exclusion zones around known cultural
sites shall be delineated on
construction drawings and marked in
the field by a qualified archaeologist.
• During construction, DWR shall
appoint a construction monitor to
perform site inspections to verify
DWR X X
Findings of Fact and Statement of Overriding Considerations
EXHIBIT E ( continued)
DWR EAST BRANCH EXTENSION PHASE I IMPROVEMENTS MITIGATION MONITORING AND REPORTING PROGRAM
DWR East Branch Extension – Phase I Improvements E- 13 ESA / 206008.04
Findings October 2009
Monitoring Schedule
Mitigation Measures
Imple
Repor Responsibility
Before
Construction
During
Construction
After
Construction
mentation, Monitoring, and
ting Action
CH- GPS7, and CH- GPS9 shall be monitored by a
qualified archaeologist.
contractor compliance with
construction zone limitations and
exclusion zones. Retain inspection
records in the project

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Findings of Fact and Statement of Overriding Considerations
FINDINGS OF FACT
STATEMENT OF OVERRIDING
CONSIDERATIONS AND MITIGATION
MONITORING AND REPORTING PLAN
Department of Water Resources
East Branch Extension Phase I Improvements
I. Introduction
The Draft Supplemental Environmental Impact Report ( SEIR) No. 2 and Final SEIR No. 2
address the potential environmental effects of the implementation of the Department of Water
Resources’ ( DWR) East Branch Extension Phase I Improvements Project ( proposed project). The
proposed modifications would enlarge the existing Crafton Hills Reservoir from the current
operational storage capacity of 85 acre- feet ( af) to approximately 225 af. The reservoir would be
enlarged by constructing a new earthen dam in the adjoining drainage to the west of the existing
reservoir. A ridge separates the existing reservoir from the drainage; a notch in the ridge would be
excavated to serve as a connecting channel between the existing reservoir and proposed
enlargement area. The reservoir enlargement also would include construction of two new onsite
maintenance roads. In addition, a ½ - mile segment of pipeline would be constructed to connect the
East Branch Extension pipeline to the Yucaipa Pipeline. The connector pipeline would divert
imported water that otherwise would flow into Crafton Hills Reservoir to the Yucaipa Pipeline
during the project construction period. The connector pipeline would allow DWR to maintain
water deliveries to the East Branch Extension pipeline below the Crafton Hills Reservoir while
the reservoir is being enlarged. After the proposed project is completed, the connector pipeline
would remain in place to provide operational flexibility in the event of a reservoir outage. The
findings are made in accordance with CEQA, including without limitation, CEQA Guidelines
§ 15091 and § 15092. The following components are included in these Findings in the following
sections:
I. Introduction
II. Environmental Review Process
III. Purpose of the Findings
IV. Legal Effect of the Findings
V. Administrative Record
DWR East Branch Extension – Phase I Improvements A- 1 ESA / 206008.04
Findings October 2009
Findings of Fact and Statement of Overriding Considerations
The following Exhibits include the Findings, Statement of Overriding Considerations, and
Mitigation Monitoring and Reporting Plan:
Exhibits
A. Findings – Project Description
B. Findings – Adverse Impacts
B. 1 – Significant Unavoidable Impacts
B. 2 – Significant and Potentially Significant Adverse Impacts Reduced to Less- than-
Significant Level by Mitigation Measures Incorporated into the Project
B. 3 – Potential Impacts Determined to Be Less than Significant
C. Findings – Project Alternatives
D. Statement of Overriding Considerations
E. Mitigation Monitoring and Reporting Plan
II. Environmental Review Process
In accordance with CEQA § 15063 and § 15082, DWR prepared and circulated a Notice of
Preparation ( NOP) of an EIR to local, state, and federal agencies on November 27, 2007. The
comments received in response to the NOP were included in Appendix A of the Draft SEIR No.
2. The Draft SEIR No. 2 on the proposed East Branch Extension Phase I Improvements Project
( SCH # 2007111106), Notice of Completion, and Notice of Availability were submitted to the
State Clearinghouse and released for public and agency review on March 13, 2009. The Notice of
Availability briefly described the project information, project description, environmental effects,
the locations where copies of the Draft SEIR No. 2 could be reviewed, the contact at DWR for
submission of written comments and/ or questions, and the date and time of the public meeting to
take verbal comments on the Draft SEIR No. 2.
The Draft SEIR No. 2 was circulated for the 45- day public review from March 13 through April
27, 2009. During this time, a public meeting was held to provide interested persons with an
opportunity to comment verbally or in writing on the Draft SEIR No. 2 and the project. The
public meeting was held at the Yucaipa Community Center on April 7, 2009.
III. Purpose of Findings
Section 15091 of the CEQA Guidelines requires that, for each significant environmental effect
identified in the EIR for a proposed project, the approving agency must issue a written finding
reaching one or more of three allowable conclusions:
1 Changes or alterations have been required in, or incorporated into, the project which avoid
or substantially lessen the significant environmental effect as identified in the final EIR.
2 Such changes or alterations are within the responsibility and jurisdiction of another public
agency and not the agency making the findings. Such changes have been adopted by such
other agency or can and should be adopted by such other agency.
3 Specific economic, legal, social, technological, or other considerations, make infeasible the
mitigation measure or project alternative identified in the EIR.
DWR East Branch Extension – Phase I Improvements A- 2 ESA / 206008.04
Findings October 2009
Findings of Fact and Statement of Overriding Considerations
EXHIBIT A
Project Description
A. 1 Project Background
Previous Documentation
In 1994, the SGPWA adopted an EIR for their Water Importation Project ( WIP) that envisioned a
water conveyance system that could convey their full SWP Table A amount of 17,300 af to their
service area. The WIP included raw water conveyance and delivery facilities ( pipelines),
groundwater recharge facilities, pump stations, recovery wells, and water treatment facilities.
In 1995, SGPWA requested that DWR consider implementation of the WIP as an extension of the
East Branch of the California Aqueduct. DWR prepared a feasibility study and determined that it
had the authority to integrate the WIP into the SWP. DWR approved implementation of the WIP
as the East Branch Extension of the California Aqueduct and subsequently adopted the SGPWA
WIP EIR. DWR commenced engineering studies of the WIP, which resulted in changes to, and
additions to, the planned project features, including a surface storage reservoir. As the new lead
agency for the project, DWR prepared a Supplemental EIR to address the changes in the project
design originally approved under the SGPWA WIP EIR. Supplemental EIR No. 1 for the East
Branch Extension Project Phase I was certified by DWR in March 1998. The Supplemental EIR
included the existing Crafton Hills Reservoir in the first phase of what was expected to be a two-phase
project. The Draft EIR for Phase II of the East Branch Extension was released for public
review and comment in August 2008.
Phase I of the East Branch Extension, which included the construction of Crafton Hills Reservoir,
was completed in 2003. Reach 1 of the East Branch Extension utilized SBVMWD’s existing
Foothill Pipeline to convey water east of the Crafton Hills, with operational storage available at
Crafton Hills Reservoir. The principal features of the reservoir included a zoned earth dam, an
uncontrolled overflow spillway, a 54- inch diameter inlet pipeline, 54- inch diameter outlet
pipeline, a 12- inch diameter emergency release blow- off, and access roads.
Incorporation by Reference
As permitted by Section 15150 of the CEQA Guidelines, the Final SEIR No. 2 includes by
reference technical studies, analyses, and reports from environmental assessments previously
conducted for Phase I East Branch Extension Project. These include the San Gorgonio Pass
Water Agency Water Importation Project Environmental Impact Report that was certified in 1994
DWR East Branch Extension – Phase I Improvements A- 5 ESA / 206008.04
Findings October 2009
Findings of Fact and Statement of Overriding Considerations
and associated addenda and the Supplemental EIR No. 1 for the East Branch Extension Project
Phase I that was certified in 1998 and associated addenda.
A. 2 Project under Consideration
During the public comment period, DWR, as Lead Agency, has continued to assess the economic,
institutional, and environmental issues associated with implementing the East Branch Extension
Phase I Improvements. No new significant environmental issues, beyond those already covered in
the Draft SEIR No. 2, were raised during the comment period, and DWR directed that a Final
SEIR No. 2 be prepared. Response to comments received during the comment period and staff-initiated
revisions to Draft SEIR No. 2 text did not involve any new significant impacts or
provide significant new information that would require recirculation of the Draft SEIR pursuant
to CEQA Guidelines § 15088.5. The Final SEIR No. 2 including Responses to Comments on the
Draft SEIR No. 2 was made available and circulated to commenters on October 5, 2009.
A. 3 Proposed East Branch Extension Phase I
Improvements Project
DWR proposes to implement Phase I Improvements to the East Branch Extension of the
California Aqueduct. The proposed modifications would enlarge the existing Crafton Hills
Reservoir from the current operational ( active) storage capacity of 85 acre- feet ( af) to
approximately 225 af. The reservoir would be enlarged by constructing a new earth dam in the
adjoining drainage to the west of the existing reservoir. A ridge separates the existing reservoir
from the drainage; a notch in the ridge would be excavated to serve as a connecting channel
between the existing reservoir and proposed enlargement area. The reservoir enlargement also
would include construction of two new onsite maintenance roads. In addition, a one- half mile
segment of a 48- inch diameter pipeline would be constructed to connect the East Branch
Extension pipeline to the Yucaipa Pipeline. The connector pipeline would divert imported water
that otherwise would flow into Crafton Hills Reservoir to the Yucaipa Pipeline during the project
construction period. The connector pipeline would allow DWR to maintain water deliveries to the
East Branch Extension pipeline below the Crafton Hills Reservoir while the reservoir is being
enlarged. After the proposed project is completed, the connector pipeline would remain in place
to provide operational flexibility in the event of a reservoir outage. Figure ES- 1 shows the
preliminary site plan for the proposed project, including the location of the new dam at the
southeastern end of the proposed enlargement area.
Construction activities for the proposed project are scheduled to be completed over an 18 month
time frame. The pipeline construction is anticipated to require six to 12 months to complete. The
reservoir enlargement is expected to take approximately 12 to 18 months. The pipeline alignment
construction is anticipated to begin in 2010 and be completed in 2011. Reservoir enlargement
construction is anticipated to begin in early 2010 and be completed by mid 2011. Construction of
the pipeline alignment would begin first to allow for water deliveries while the reservoir is being
enlarged. Nighttime construction is not anticipated.
DWR East Branch Extension – Phase I Improvements A- 6 ESA / 206008.04
Findings October 2009
Mill Creek Road ( Hwy. 38)
PROPOSED YUCAIPA
Bryant Street
EXISTING
CRAFTON
HILLS
RESERVOIR
0 800
Feet
CONNECTOR PIPELINE
Figure ES- 1
Project Location Map
DWR - Crafton Reservoir . 206008.04
SOURCE: GlobeXplorer, 2007; DWR, 2007.
PROPOSED CRAFTON HILLS
RESERVOIR ENLARGEMENT
EXISTING COMPONENTS
PROPROSED PROJECT COMPONENTS
Proposed Reservoir Enlargement
Cut Slopes
Spoil Area
Proposed Dam
Staging Area
Load Restricted Staging Area
Staging and Supplemental Borrow Area
Supplemental Borrow Area
Maintenance Road
Proposed Yucaipa Connector Pipeline
Existing EBX I Pipeline
Existing Access Road
Existing Yucaipa Pipeline
Findings of Fact and Statement of Overriding Considerations
EXHIBIT B
Findings of Fact Regarding Adverse Impacts
B. 1 Significant Unavoidable Adverse Impacts
The Final SEIR No. 2 indicates that significant unavoidable impacts attributable to the proposed
project are limited to scenic vistas; visual character, direct and cumulative; construction
emissions, direct and cumulative; conflicts with land use plans; loss of open space, direct and
cumulative; construction noise; and cumulative impacts to biological resources due to habitat
loss. As described below in the findings for these impacts, there are either no feasible mitigation
measures or the feasible mitigation measure( s) would only partially mitigate this significant
impact and the residual effect would remain significant. It is hereby determined that this impact
is acceptable for the reasons specified in the Statement of Overriding Considerations, presented
in Exhibit D.
Final SEIR No. 2 Section 3.1 Aesthetics
Scenic Vistas
The proposed project could result in substantial adverse impacts on scenic vistas.
Mitigation
The following mitigation measures are hereby adopted and will be implemented as set forth in the
MMRP. These measures will partially mitigate the impact.
AES- 1: Conceptual landscape guidelines shall be established by DWR during preparation
of final construction plans for plantings designated in areas to be revegetated or screened
from view. These guidelines shall be prepared to illustrate all plant materials, sizes, species,
and quantities, and irrigation and preservation techniques. There shall be a variety of
landscape types addressed including revegetating graded slopes and earthen berms. Roads
and trail cuts shall be vegetated with natural grasses, shrubs and trees to blend with the
adjacent landscape character.
AES- 2: DWR shall ensure that plantings shall be integrated with earthen berms and cut
slopes as soon as possible to screen undesirable views. For these situations, the landscape
design guidelines shall include grading guidelines. Grading guidelines shall address issues
such as the area where berms are recommended, the sizes of such berms and recommended
slope gradients to minimize soil erosion.
DWR East Branch Extension – Phase I Improvements B- 1 ESA / 206008.04
Findings October 2009
Findings of Fact and Statement of Overriding Considerations
AES- 3: Following reservoir construction, DWR shall prepare a revegetation plan and shall
revegetate the area of disturbance with plants native to the Crafton Hills. The spoil area
downstream of the dam shall be revegetated with plants approved by DSOD. DWR shall
consult with CHOSC on the native plants to be used for revegetation. Restoration of
disturbed areas shall be limited to areas above the high water mark of the reservoir. DWR
shall monitor the revegetated areas for a period of three years to ensure that revegetation is
successful. The revegetation plan shall include performance standards to define success
criteria.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, including all the City and
County environmental documents referenced in the Final SEIR No. 2, DWR finds that the
proposed project would result in a physical change to the scenic vistas of the Crafton Hills as
viewed from public vantage points, which would be a significant and unavoidable impact. DWR
further finds that the mitigation measures adopted for this impact will partially mitigate impacts
to scenic vistas; however, the residual impact will remain significant. In addition and independent
of this fact, specific economic, legal, social, technological, or other considerations justify
approval of the proposed project, notwithstanding the residual impact, as more fully stated in the
Statement of Overriding Considerations ( see Exhibit D).
Visual Character
The proposed project could substantially degrade the visual quality and character of the site and
its surroundings.
Mitigation
The following mitigation measures are hereby adopted and will be implemented as set forth in the
MMRP. These measures will partially mitigate the impact.
Implement Mitigation Measures AES- 1, AES- 2, and AES- 3.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, including all the City and
County environmental documents referenced in the Final SEIR No. 2, DWR finds that the
proposed project would result in permanent changes to the visual character of the Crafton Hills,
which would be a significant and unavoidable impact. DWR further finds that the mitigation
measures adopted for this impact will partially mitigate impacts to visual character; however, the
residual impact will remain significant. In addition and independent of this fact, specific
economic, legal, social, technological, or other considerations justify approval of the proposed
project, notwithstanding the residual impact, as more fully stated in the Statement of Overriding
Considerations ( see Exhibit D).
DWR East Branch Extension – Phase I Improvements B- 2 ESA / 206008.04
Findings October 2009
Findings of Fact and Statement of Overriding Considerations
Final SEIR No. 2 Section 3.2 Air Quality
Violation of an Air Quality Standard
The proposed project could generate emissions of air pollutants that would exceed the SCAQMD
emissions thresholds.
Mitigation
The following mitigation measures are hereby adopted and will be implemented as set forth in the
MMRP. These measures will partially mitigate the impact.
AQ- 1: DWR shall ensure that contractors implement a fugitive dust control program
pursuant to the provisions of SCAQMD Rule 403.
AQ- 2: DWR shall ensure that construction equipment is properly tuned and maintained in
accordance with manufacturer’s specifications.
AQ- 3: Coatings and solvents used in the proposed project shall be consistent with
applicable SCAQMD Rule 1113.
AQ- 4: Dust control measures such as wetting or use of soil binders shall be implemented
on haul roads throughout each construction day to minimize fugitive dust emissions at the
closest sensitive receptors.
AQ- 5: Construction vehicle speeds on dirt access roads shall be no greater than 15 miles
per hour.
AQ- 6: Wheel washers or other similar methods shall be installed where vehicles exit the
construction site onto paved roads.
AQ- 7: Haul vehicles shall be covered or comply with the vehicle freeboard requirements of
Section 23114 of the California Vehicle Code for both public and private roads.
AQ- 8: DWR shall ensure that trucks and construction vehicles shall be prohibited from
idling in excess of five minutes, both on- and off- site, when not in use.
AQ- 9: Electricity from power poles rather than temporary diesel- or gasoline- powered
generators shall be used where available.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, including all the City and
County environmental documents referenced in the Final SEIR No. 2, DWR finds that short- term
construction- related emissions of NOx, PM10, and PM2.5 would exceed SCAQMD emissions
thresholds and the associated air quality impacts would be significant and unavoidable. Emissions
of TACs during project construction would result in a less- than- significant increase of cancer risk
to local sensitive receptors. DWR further finds that the mitigation measures adopted for this
impact will partially mitigate the violation of air quality standards; however, the residual impact
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will remain significant. In addition and independent of this fact, specific economic, legal, social,
technological, or other considerations justify approval of the proposed project, notwithstanding
the residual impact, as more fully stated in the Statement of Overriding Considerations ( see
Exhibit D).
Cumulative Air Emissions
The proposed project could contribute significant quantities of an air pollutant for which the
cumulative baseline condition is in nonattainment status according to the federal Clean Air Act.
Mitigation
The following mitigation measures are hereby adopted and will be implemented as set forth in the
MMRP. These measures will partially mitigate the impact.
Implement Mitigation Measures AQ- 1 through AQ- 9.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, including all the City and
County environmental documents referenced in the Final SEIR No. 2, DWR finds the proposed
project, alone and together with other construction projects, would generate emissions of NOx,
PM10 and PM2.5 that exceed SCAQMD thresholds. The air basin is in non- attainment for NOx.
This would be a significant and unavoidable cumulative impact for the proposed project for the
short- term duration of construction. The TAC emissions associated with construction and
operation of the proposed project are minimal and are not cumulatively considerable. The
proposed project would have a less than significant cumulative impact with regard to TACs.
DWR further finds that the mitigation measures adopted for this impact will partially mitigate
cumulative air emissions; however, the residual impact will remain significant. In addition and
independent of this fact, specific economic, legal, social, technological, or other considerations
justify approval of the proposed project, notwithstanding the residual impact, as more fully stated
in the Statement of Overriding Considerations ( see Exhibit D).
Final SEIR No. 2 Section 3.8 Land Use, Agriculture, and
Recreation
Consistency with Land Use Plans and Habitat Conservation Plans
The proposed project could conflict with an applicable land use plan, policy, or regulatory agency
having jurisdiction over the project, or an applicable habitat conservation plan, or natural
community conservation plan.
Mitigation
The following mitigation measure is hereby adopted and will be implemented as set forth in the
MMRP. This measure will partially mitigate the impact.
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BIO- 19: DWR shall purchase compensatory mitigation lands or credits at a conservation
bank at a minimum 1: 1 ratio for unavoidable permanent impacts to open space habitat. This
compensatory mitigation can be satisfied with any mitigation lands purchased in
accordance with the species compensation plan required by Mitigation Measures BIO- 5
and BIO- 11.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, including all the City and
County environmental documents referenced in the Final SEIR No. 2, DWR finds that the
proposed project would have a significant and unavoidable impact on land use as it conflicts with
the goals of the Crafton Hills Open Space Conservancy and results in a permanent loss of open
space. DWR further finds that the mitigation measures adopted for this impact will partially
mitigate the loss of open space; however, the residual impact will remain significant. In addition
and independent of this fact, specific economic, legal, social, technological, or other
considerations justify approval of the proposed project, notwithstanding the residual impact, as
more fully stated in the Statement of Overriding Considerations ( see Exhibit D).
Final SEIR No. 2 Section 3.9 Noise and Vibration
Noise Standards and Temporary Noise Increase
Project related construction activity could occur outside of the daytime hours permitted by the city’s
noise ordinance or result in an off- site noise level that exceeds 55 dBA Leq in the daytime ( 7: 00 a. m.
to 10: 00 p. m.) or 45 dBA Leq in the nighttime ( 10: 00 pm to 7: 00 a. m.) at the property line of
residential or other noise sensitive land uses.
Mitigation
The following mitigation measures are hereby adopted and will be implemented as set forth in the
MMRP. These measures will partially mitigate the impact.
N- 1: DWR shall require construction contractors to minimize construction noise by
implementing the following measures:
• During construction, the contractor shall outfit all equipment, fixed or mobile, with
properly operating and maintained exhaust and intake mufflers, consistent with
manufacturers’ standards.
• Impact tools ( e. g., jack hammers, pavement breakers, and rock drills) used for
construction shall be hydraulically or electrically powered wherever possible to avoid
noise associated with compressed air exhaust from pneumatically powered tools.
Where use of pneumatic tools is unavoidable, an exhaust muffler on the compressed
air exhaust shall be used. External jackets on the tools themselves shall be used
where feasible. Quieter procedures, such as use of drills rather than impact tools,
shall be used whenever feasible.
• Stationary noise sources that could affect adjacent receptors shall be located as far
from adjacent receptors as possible.
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N- 2: DWR shall ensure that the construction contractor avoids noise sensitive hours as
follows:
• Construction activities shall be limited to between 7: 00 a. m. and 7: 00 p. m., Monday
through Saturday, and not permitted Sundays and federal holidays.
• Any construction activity anticipated to occur outside those hours shall be approved
in writing by the appropriate local government agency prior to such construction.
N- 3: DWR shall require construction contractors to minimize construction noise nuisance
by implementing the following measures:
• Signs shall be posted at the construction sites that include permitted construction
days and hours, a day and evening contact number for the job site, and a contact
number in the event of problems. Signage shall be coordinated with that for trail
closures as required under Mitigation Measure LU- 1 as appropriate.
• DWR shall designate an onsite Community Liaison to act as a complaint and
enforcement manager that shall respond to and track complaints and questions related
to noise and other construction- related effects.
• DWR construction contractors shall select haul routes which would minimize noise
impacts to residential neighborhoods and other sensitive receptors. DWR
construction contractors shall consult with local planning jurisdictions in order to
determine and select the most feasible haul routes to minimize noise impacts in
residential areas and in the vicinity of noise- sensitive receptors.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, including all the City and
County environmental documents referenced in the Final SEIR No. 2, DWR finds that
construction noise for the duration of the construction period would be elevated from the existing
ambient noise levels and would therefore be considered an unavoidable nuisance to the otherwise
quiet neighborhoods in the project vicinity. DWR further finds that the mitigation measures
adopted for this impact would minimize construction noise and reduce impacts; however, the
residual impact will remain significant. In addition and independent of this fact, specific
economic, legal, social, technological, or other considerations justify approval of the proposed
project, notwithstanding this residual impact, as more fully stated in the Statement of Overriding
Considerations ( see Exhibit D).
Final SEIR No. 2 Section 4.0 Cumulative Impacts
Cumulative Effects
The project could have a cumulatively considerable impact to aesthetics, air quality, biological
resources, and land use when viewed in connection with the effects of past projects, the effects of
other concurrent projects, and the effects of probable future projects.
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Mitigation
None available.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, including all the City and
County environmental documents referenced in the Final SEIR No. 2, DWR finds that the
proposed project would have a significant and unavoidable cumulative impact on air quality and
aesthetics ( visual character) during the 18- month construction period. The proposed project
would have long- term significant and unavoidable cumulative impacts to biological resources
( habitat loss), and land use ( loss of open space). DWR further finds that the mitigation measures
adopted for the proposed project will partially mitigate cumulative impacts to aesthetics, air
quality, biological resources, and land use; however, the residual impact will remain significant.
No additional mitigation measures are available. In addition and independent of this fact, specific
economic, legal, social, technological, or other considerations justify approval of the proposed
project, notwithstanding this residual impact, as more fully stated in the Statement of Overriding
Considerations ( see Exhibit D).
B. 2 Significant and Potentially Significant Adverse
Impacts Reduced to Less- than- Significant Level by
Mitigation Measures Incorporated into the Project
The Final SEIR No. 2 identifies significant impacts which are reduced to a “ less- than- significant”
level by the inclusion in the proposed project approval of the mitigation measures identified in the
Final SEIR No. 2. It is hereby determined that the significant environmental impacts that these
mitigations address will be avoided or substantially lessened by their inclusion in the proposed
project.
Final SEIR No. 2 Section 3.2 Air Quality
Consistency with Air Quality Management Plans
The proposed project could be inconsistent with the applicable SCAQMD’s Air Quality
Management Plan.
Mitigation
The following mitigation measures are hereby adopted and will be implemented as set forth in the
MMRP. These measures will mitigate the above impact to a less than significant level.
AQ- 1: DWR shall ensure that contractors implement a fugitive dust control program
pursuant to the provisions of SCAQMD Rule 403.
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AQ- 2: DWR shall ensure that construction equipment is properly tuned and maintained in
accordance with manufacturer’s specifications.
AQ- 3: Coatings and solvents used in the proposed project shall be consistent with
applicable SCAQMD Rule 1113.
AQ- 4: Dust control measures such as wetting or use of soil binders shall be implemented
on haul roads throughout each construction day to minimize fugitive dust emissions at the
closest sensitive receptors.
AQ- 5: Construction vehicle speeds on dirt access roads shall be no greater than 15 miles
per hour.
AQ- 6: Wheel washers or other similar methods shall be installed where vehicles exit the
construction site onto paved roads.
AQ- 7: Haul vehicles shall be covered or comply with the vehicle freeboard requirements of
Section 23114 of the California Vehicle Code for both public and private roads.
AQ- 8: DWR shall ensure that trucks and construction vehicles shall be prohibited from
idling in excess of five minutes, both on- and off- site, when not in use.
AQ- 9: Electricity from power poles rather than temporary diesel- or gasoline- powered
generators shall be used where available.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that measures have
been incorporated, which will substantially lessen the proposed project’s contribution to the
significant environmental effect identified in the Final SEIR No. 2, reducing it to a less than
significant level.
Final SEIR No. 2 Section 3.3 Biological Resources
Special- Status Species and Habitats
Construction or operation of the project could have a substantial adverse effect, either directly or
through habitat modifications on candidate, sensitive, or special- status species.
Mitigation
The following mitigation measures are hereby adopted and will be implemented as set forth in the
MMRP. These measures will mitigate the above impact to a less than significant level.
BIO- 1: DWR shall have a qualified biologist conduct a pre- construction spring/ summer
floristic inventory and rare plant survey at the proposed project area to determine and map
the location and extent of special- status plant species populations, including the
construction easement and right- of- way. The locations of special- status plant species
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affected by project construction and operation shall be identified. The results of the survey
shall be used to identify the limits of the construction zone.
BIO- 2: DWR shall avoid and minimize impacts on special- status plant species by reducing
the construction right- of- way through occurrences of special- status plant species to either
avoid the occurrence or reduce impacts to the minimum necessary to complete the project.
BIO- 3: DWR shall stake, flag, fence, or otherwise clearly delineate the construction right-of-
way that restricts the limits of construction to the minimum necessary to implement the
project that also would avoid and minimize impacts on special- status plants where feasible.
BIO- 4: Where avoidance of federal or state listed endangered or threatened species is not
feasible as determined by pre- construction surveys, DWR shall prepare and implement a
habitat restoration plan for unavoidable temporary impacts to endangered or threatened
plants due to project construction in consultation with USFWS and CDFG. The restoration
plan shall include at a minimum the following measures:
• Documentation of the location and extent of federal or state endangered or threatened
plant species affected by construction in areas that would not be permanently cleared
or filled and quantification of the temporary impacts based on acres of habitat,
individual plants, and/ or other means to clearly articulate the unavoidable impacts.
• Goals and objectives for federal or state endangered or threatened plant species that
establish the quantifiable criteria for successful implementation and completion of
the restoration plan.
• A salvage and replacement program for the top 6 to 12 inches of surface material and
topsoil including plant material and duff.
• A salvage and replanting program for perennial federal and state endangered or
threatened plant species.
• An invasive plant species maintenance, monitoring, and removal program.
• Success criteria that establishes yearly thresholds for growth and establishment of
federal or state endangered or threatened plant species on an acreage extent of
occurrence or per plant basis.
BIO- 5: Where permanent loss of federal or state listed endangered or threatened plant
species occurs, DWR shall prepare and implement a species compensation plan for
unavoidable permanent impacts to federal or state endangered or threatened plants due to
project construction or operation in consultation with USFWS and CDFG. The
compensation plan shall include at a minimum the following measure:
• Purchase of compensatory mitigation lands or credits at an approved conservation
bank at a minimum 1: 1 ratio for the preservation in perpetuity and dedication in deed
restriction, conservation easement, or some other suitable land conservation
instrument.
BIO- 6: DWR shall have a qualified biologist conduct pre- construction spring/ summer
active season general reconnaissance and trapping surveys for the special- status wildlife
species within the proposed project area to determine and map the location and extent of
special- status species occurrence( s), including the construction easement and right of way.
The results of the survey shall be used to identify the limits of the construction zone.
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BIO- 7: DWR shall stake, flag, fence, or otherwise clearly delineate the construction right-of-
way that restricts the limits of construction to the minimum necessary to implement the
proposed project that also would avoid and minimize impacts on special- status wildlife
species and RAFSS habitat.
BIO- 8: DWR shall have a qualified biologist conduct a pre- construction capture, salvage,
and relocation effort to remove wildlife species from the project area to avoid and minimize
impacts to them. The removal of federal or state listed threatened or endangered species
will be conducted in accordance with USFWS and/ or CDFG consultation.
BIO- 9: During construction, DWR shall enlist the services of a biological construction
monitor to conduct, as necessary, capture, salvage, and relocation efforts to remove federal
or state listed threatened or endangered wildlife species from the project area to avoid and
minimize impacts to these species in consultation with USFWS and/ or CDFG.
BIO- 10: Where avoidance of federal or state listed endangered or threatened wildlife
species is not feasible, DWR, in consultation with CDFG and USFWS, shall prepare and
implement a habitat restoration plan for unavoidable temporary impacts to endangered or
threatened wildlife and their habitat due to project construction. The restoration plan shall
be part of that specified for special- status plants in Mitigation Measure BIO- 4 and shall
include at a minimum the following measures:
• Documentation of the location and extent of federal or state endangered and
threatened wildlife species and occupied habitat affected by construction and
quantification of impacts based on acres of occupied habitat, and/ or other means to
clearly articulate the unavoidable impacts.
• Goals and objectives for federal or state endangered or threatened wildlife species
and their habitat that establishes the quantifiable criteria for successful
implementation and completion of the restoration plan.
• An invasive plant species maintenance, monitoring, and removal program.
BIO- 11: Where avoidance of federal or state listed endangered or threatened wildlife
species is not feasible, DWR, in consultation with CDFG and USFWS, shall prepare and
implement a habitat compensation plan for unavoidable permanent impacts to endangered
and threatened wildlife species and their habitat. The compensation plan shall include at a
minimum the following measure:
• Purchase of compensatory mitigation lands or credits at a conservation bank at a
minimum 1: 1 ratio for the preservation in perpetuity and dedication in deed
restriction, conservation easement, or some other suitable land conservation
instrument. This compensatory mitigation can be satisfied under the same habitat
acquisition/ conservation credit program under Mitigation Measure BIO- 5 that is
compatible for both the impacted endangered or threatened plant and wildlife species
and their habitat.
BIO- 12: DWR shall have a qualified biologist conduct a pre- construction nesting season
protocol survey for the coastal California gnatcatcher within the proposed pipeline project
area to determine and map the location and extent of nesting coastal California gnatcatcher
occurrence( s) within the construction right- of- way.
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BIO- 13: DWR shall have a qualified biologist conduct a pre- construction spring/ summer
active season general reconnaissance for nesting/ roosting special- status mobile bird and bat
species, and other nesting birds within the proposed project areas to determine and map the
location and extent of special- status species occurrence( s).
BIO- 14: DWR shall avoid direct impacts on nesting coastal California gnatcatchers and
any nesting birds located within the construction right of way. This could be accomplished
by establishing the construction right of way and removal of plant material outside of the
typical range of the breeding bird season ( February 1 through August 31).
BIO- 15: If construction and vegetation removal is proposed for the bird nesting period
February 1 through August 31, then active nest sites located during the pre- construction
surveys shall be avoided and a non- disturbance buffer zone established dependent on the
species and as approved by the USFWS and CDFG. Nest sites shall be avoided with
approved non- disturbance buffer zones until the adults and young are no longer reliant on
the nest site for survival as determined by a qualified biologist.
BIO- 16: If a natal bat roost site is located during pre- construction surveys, it shall be
avoided with a non- disturbance buffer zone established by a qualified biologist until the
site is abandoned.
BIO- 17: DWR shall minimize impacts on documented locations of nesting coastal
California gnatcatchers and any nesting birds by reducing the construction right- of- way
through areas of occurrences to either avoid the occurrence or reduce impacts to the
minimum necessary to complete the proposed project.
BIO- 18: DWR shall stake, flag, fence, or otherwise clearly delineate the construction right-of-
way that restricts the limits of construction to the minimum necessary to implement the
proposed project that also would avoid and minimize impacts on special- status wildlife
species and RAFSS habitat.
BIO- 19: DWR shall purchase compensatory mitigation lands or credits at a conservation
bank at a minimum 1: 1 ratio for unavoidable permanent impacts to open space habitat. This
compensatory mitigation can be satisfied with any mitigation lands purchased in
accordance with the species compensation plan required by Mitigation Measures BIO- 5
and BIO- 11.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that measures have
been incorporated, which will substantially lessen the proposed project’s contribution to the
significant environmental effect identified in the Final SEIR No. 2, reducing it to a less than
significant level.
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Final SEIR No. 2 Section 3.4 Cultural Resources
Archeological and Historical Resources
The proposed project could cause a substantial adverse change in the significance of an
archaeological resource pursuant to CEQA Section § 15064.5 or an historical resource that is
either listed or eligible for listing in the National Register of Historic Places, the California
Register of Historical Resources, or a local register of historic resources in accordance with
CEQA Guidelines, § 15064.5.
Mitigation
The following mitigation measures are hereby adopted and will be implemented as set forth in the
MMRP. These measures will mitigate the above impact to a less than significant level.
CR- 1: Avoidance. DWR shall narrow the construction zone to avoid sites CH- GPS6, CH-GPS7,
and CH- GPS9 where feasible. If appropriate, prior to construction, a qualified
archaeologist ( defined as an archaeologist meeting the Secretary of the Interior’s Standards
for professional archaeology) shall mark exclusion zones around known archaeological
sites that can be avoided to ensure they are not impacted by construction. Ground-disturbing
activities, including brush clearance and grading, occurring within 100 feet of
sites CH- GPS6, CH- GPS7, and CH- GPS9 shall be monitored by a qualified archaeologist.
CR- 2: Evaluation. If avoidance is not feasible, prior to any ground disturbing activity,
sites CH- GPS6, CH- GPS7, and CH- GPS9 shall be evaluated further by a qualified
archaeologist to determine their potential significance. The qualified archaeologist shall
prepare a report evaluating each known archaeological site and noting whether the site
could be significant. The report will determine whether additional evaluation would be
required prior to the destruction of each site. The report will also conclude whether a
monitor is necessary on site during excavation activities. DWR shall consult with the
SHPO to determine the eligibility of resources as historic properties, and the effect of the
proposed project on identified historic properties. DWR shall implement additional data
recovery if requested by SHPO.
CR- 3: Inadvertent Discovery. In the event that any prehistoric or historic subsurface
cultural resources are discovered during ground disturbing activities, all work within
50 feet of the resources shall be halted and DWR shall consult with a qualified
archaeologist to assess the significance of the find. If any find is determined to be
significant, representatives of DWR and the qualified archaeologist would meet to
determine the appropriate course of action. The Yucaipa Valley Historical Society would
be notified of all significant finds. All significant cultural materials recovered shall be
subject to scientific analysis, professional museum curation, and a report prepared by the
qualified archaeologist according to current professional standards.
CR- 4: Additional Phase I Surveys. A Phase I cultural resources survey shall be conducted
for the proposed maintenance road below the existing dam, including appropriate archival
records searches and field surveys. Following completion of the Phase I cultural resources
survey, Mitigation Measures CR- 1 and CR- 2 shall also be applied to any additional known
or newly recorded cultural sites within the APE of the proposed maintenance road.
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Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that measures have
been incorporated, which will substantially lessen the proposed project’s contribution to the
significant environmental effect identified in the Final SEIR No. 2, reducing it to a less than
significant level.
Native American Resources
Buried human remains could be uncovered during construction of the proposed project.
Mitigation
The following mitigation measure is hereby adopted and will be implemented as set forth in the
MMRP. This measure will mitigate the above impact to a less than significant level.
CR- 5: If human remains are discovered during construction activities, no further disturbance
to the site shall occur until the County Coroner is notified. If the coroner determines the
remains to be Native American, the coroner shall notify the Native American Heritage
Commission within 24 hours. The Native American Heritage Commission shall identify the
person or persons it believes to be the Most Likely Descended of the deceased. Under the
amended 5097.98, the Most Likely Descended is required to make recommendations for
treatment of any remains. DWR shall cease construction activities at the discovery site until
the remains have been removed and the site cleared by Native American Heritage
Commission and the County Coroner.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that measures have
been incorporated, which will substantially lessen the proposed project’s contribution to the
significant environmental effect identified in the Final SEIR No. 2, reducing it to a less than
significant level.
Paleontological Resources
Construction of the proposed project could disturb or destroy a unique paleontological resource or
site or unique geologic feature as described in CEQA Guidelines, Section § 15064.5.
Mitigation
The following mitigation measure is hereby adopted and will be implemented as set forth in the
MMRP. This measure will mitigate the above impact to a less than significant level.
CR- 6: If paleontological resources are encountered during the course of construction and
monitoring, the applicant shall halt or divert work and notify a qualified paleontologist who
shall document the discovery as needed, evaluate the potential resource, assess the
significance of the find, and develop an appropriate treatment plan in consultation with the
applicant.
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Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that measures have
been incorporated, which will substantially lessen the proposed project’s contribution to the
significant environmental effect identified in the Final SEIR No. 2, reducing it to a less than
significant level.
Final SEIR No. 2 Section 3.5 Geology, Soils, Seismicity, and
Mineral Resources
Soil Erosion and Loss of Topsoil
The proposed project’s construction phase and/ or operation phase could result in substantial soil
erosion or the loss of topsoil.
Mitigation
The following mitigation measure is hereby adopted and will be implemented as set forth in the
MMRP. This measure will mitigate the above impact to a less than significant level.
Implement Mitigation Measure AES- 1.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that measures have
been incorporated, which will substantially lessen the proposed project’s contribution to the
significant environmental effect identified in the Final SEIR No. 2, reducing it to a less than
significant level.
Final SEIR No. 2 Section 3.6 Hazards and Hazardous
Materials
Hazardous Material Use
The proposed project could expose people or the environment to hazardous materials during
construction or operation of the facilities.
Mitigation
The following mitigation measure is hereby adopted and will be implemented as set forth in the
MMRP. This measure will mitigate the above impact to a less than significant level.
HA- 1: DWR shall require the construction contractor to develop and implement a
hazardous materials construction site plan that includes BMPs that would prevent the
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accidental release of hazardous materials. The plan shall include, but not be limited to, the
following BMPs:
• Follow manufacturers’ recommendations and regulatory requirements for use,
storage, and disposal of chemical products and hazardous materials used in
construction;
• During routine maintenance of construction equipment, properly contain and
remove grease and oils; and
• Properly dispose of discarded containers of fuels and other chemicals.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that measures have
been incorporated, which will substantially lessen the proposed project’s contribution to the
significant environmental effect identified in the Final SEIR No. 2, reducing it to a less than
significant level.
Emergency Response Plan
The proposed project could physically interfere with an adopted emergency response plan or
evacuation route defined by a local jurisdiction.
Mitigation
The following mitigation measures are hereby adopted and will be implemented as set forth in the
MMRP. These measures will mitigate the above impact to a less than significant level.
HA- 2: DWR shall update the Emergency Response Plans for the East Branch Extension –
Phase I to include the proposed project facilities.
Implement Mitigation Measures TR- 1 and TR- 5.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that measures have
been incorporated, which will substantially lessen the proposed project’s contribution to the
significant environmental effect identified in the Final SEIR No. 2, reducing it to a less than
significant level.
Grassland and Wildland Fires
Construction and or operation of the proposed project could expose people or structures to a
significant risk of loss, injury, or death involving wildland fires, including where wildlands are
adjacent to urbanized areas or where residences are intermixed with wildlands.
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Mitigation
The following mitigation measure is hereby adopted and will be implemented as set forth in the
MMRP. This measure will mitigate the above impact to a less than significant level.
HA- 3: DWR shall require the construction contractor to implement the following best
management practices during construction to prevent wildland fires.
• During construction, all staging areas, welding areas, or areas slated for development
using spark- producing equipment shall be cleared of dried vegetation or other
flammable material.
• Any construction equipment that includes a spark arrestor shall be equipped with a
spark arrestor in good working order.
• All vehicles and crews working at the project site shall have access to functional fire
extinguishers at all times.
• Construction crews shall have a spotter during welding activities to look out for
potentially dangerous situations, including accidental sparks.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that measures have
been incorporated, which will substantially lessen the proposed project’s contribution to the
significant environmental effect identified in the Final SEIR No. 2, reducing it to a less than
significant level.
Final SEIR No. 2 Section 3.7 Hydrology and Water Quality
Water Quality
The proposed project could result in discharge of sediments or pollutants that would violate any
water quality standard, degrade the water quality, or affect the beneficial uses of receiving water.
Additionally, the proposed project could contribute pollutant constituents to impaired water
bodies.
Mitigation
The following mitigation measure is hereby adopted and will be implemented as set forth in the
MMRP. This measure will mitigate the above impact to a less than significant level.
HYDRO- 1: The SWPPP shall include but not be limited to the following long- term BMPs
for the roadway:
• Rock- lined or vegetated cut slope protection;
• Stabilization of cut slope surfaces;
• Adequate road drainage ( e. g., provide frequent outlets for the road surface to drain);
and
• Energy dissipation for the drains on the outboard side.
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Findings of Fact and Statement of Overriding Considerations
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that measures have
been incorporated, which will substantially lessen the proposed project’s contribution to the
significant environmental effect identified in the Final SEIR No. 2, reducing it to a less than
significant level.
Embankment Failure
The proposed reservoir could cause a threat to life or property damage in the event that
uncontrolled water was released from the reservoir due to dam failure.
Mitigation
The following mitigation measure is hereby adopted and will be implemented as set forth in the
MMRP. This measure will mitigate the above impact to a less than significant level.
HYDRO- 2: DWR shall notify all property owners and residents that could be subjected to
flooding or inundation in the event of an upset condition or dam failure.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that measures have
been incorporated, which will substantially lessen the proposed project’s contribution to the
significant environmental effect identified in the Final SEIR No. 2, reducing it to a less than
significant level.
Final SEIR No. 2 Section 3.8 Land Use
Effects to Recreational Facilities
The proposed project could result in the accelerated deterioration and disturbance of local or
regional recreational facilities and parks or require the construction or expansion of recreational
facilities.
Mitigation
The following mitigation measures are hereby adopted and will be implemented as set forth in the
MMRP. These measures will mitigate the above impact to a less than significant level.
LU- 1: DWR shall notify the Crafton Hills Conservancy members and the City of Yucaipa
regarding trail closures and shall periodically provide them with updates. DWR shall post
signs near trailheads in the vicinity of the construction area noting the duration of
construction, the location of closed trails, information on accessing trailheads that avoid the
construction area, and a construction contact number. DWR also shall notify the San
Bernardino National Forest San Gorgonio Ranger Station regarding trail closures near the
proposed connector pipeline.
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Findings of Fact and Statement of Overriding Considerations
If the construction contractor determines there would be no threat to public safety, DWR
shall allow access to affected trails on days when there is no active construction activity,
such as weekends and holidays. In addition, DWR shall rebuild the portions of official trail
networks identified in Figure 3.8- 4 of the Final SEIR No. 2 that have been impacted by
construction activity following completion of the proposed project. DWR shall consult with
CHOSC regarding any trails on CHOSC property that would need to be rerouted after
construction is completed.
LU- 2: DWR shall allow for hiking access across the new maintenance road where it
intersects the City Trail once construction is complete in order to allow the City trail to
remain intact. If hiking access is not feasible, DWR shall re- route the trail prior to
construction of the new maintenance road in order to maintain its connection to other trails
within the Crafton Hills.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that measures have
been incorporated, which will substantially lessen the proposed project’s contribution to the
significant environmental effect identified in the Final SEIR No. 2, reducing it to a less than
significant level.
Final SEIR No. 2 Section 3.10 Transportation and Traffic
Construction Traffic
The proposed project could result in a substantial increase in either the number of vehicle trips,
the volume to capacity ratio on area roadways, or congestion at intersections.
Mitigation
The following mitigation measures are hereby adopted and will be implemented as set forth in the
MMRP. These measures will mitigate the above impact to a less than significant level.
TR- 1: Prior to construction, DWR shall require the contractor to prepare a Traffic Control
Plan in accordance with professional engineering standards and the guidelines for safety
and traffic provided in the Caltrans Construction Manual ( revised 2008). The Traffic
Control Plan would include, but not be limited to, the following requirements:
• Maintain access for local land uses including residential driveways, commercial
properties, and agricultural lands during construction activities.
• Maintain emergency services access to local land uses at all times for the duration of
construction activities. Local emergency service providers shall be informed of
lane/ road closures and detours.
• Develop circulation and detour plans to minimize impact to local street circulation,
including bikeways. This may include the use of signing and flagging to guide
vehicles and cyclists through and/ or around the construction zone. This may also
include development of turning lanes for trucks delivering material and equipment to
construction sites.
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Findings of Fact and Statement of Overriding Considerations
• Avoid peak travel periods when considering partial road or lane closures.
• Post advanced warning of construction activities to allow motorists to select
alternative routes in advance.
• Post signs signaling for the presence of slow- moving or slow- turning vehicles in the
vicinity of construction area, as necessary.
• Arrange for a telephone resource to address public questions and complaints during
project construction.
• Compliance with roadside safety protocols, so as to reduce the risk of accident.
• Prior to construction of the new maintenance road downstream of the existing dam,
the contractor shall conduct pre- construction safety awareness training for all
construction workers to minimize potential hazards to residents and children that live
in and around Tivoli Way.
TR- 2: DWR shall coordinate the design of the connector pipeline with Caltrans District 8
and obtain the necessary road encroachment permits prior to construction. DWR shall
comply with the applicable conditions of approval. Road encroachment permits will be
necessary for construction within Mill Creek Road ( SR- 38).
TR- 3: DWR shall provide staging areas for excavated material within the construction
zone or at locations accessible by construction roads.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that measures have
been incorporated, which will substantially lessen the proposed project’s contribution to the
significant environmental effect identified in the Final SEIR No. 2, reducing it to a less than
significant level.
Effects on Parking
The proposed project could result in a substantial adverse effect on parking availability due to
construction workers and construction related vehicles.
Mitigation
The following mitigation measure is hereby adopted and will be implemented as set forth in the
MMRP. This measure will mitigate the above impact to a less than significant level.
TR- 4: Prior to the beginning of construction, all contractors shall submit traffic plans
denoting employee parking locations and work staging areas to DWR. Potential parking
and equipment storage areas may be on- site, with construction easements or parking in an
established off- site staging area. No construction worker parking shall be allowed within
the travel lanes of roads or highways.
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Findings of Fact and Statement of Overriding Considerations
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that measures have
been incorporated, which will substantially lessen the proposed project’s contribution to the
significant environmental effect identified in the Final SEIR No. 2, reducing it to a less than
significant level.
Effects to Public Roadway Safety
The proposed project could result in a substantial increase in roadway hazards due to a design
feature or incompatible uses.
Mitigation
The following mitigation measures are hereby adopted and will be implemented as set forth in the
MMRP. These measures will mitigate the above impact to a less than significant level.
Implement Mitigation Measures TR- 1 and TR- 2.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that measures have
been incorporated, which will substantially lessen the proposed project’s contribution to the
significant environmental effect identified in the Final SEIR No. 2, reducing it to a less than
significant level.
Effects to Emergency Access
The proposed project could result in a substantial adverse effect on emergency access due to road
closures or detours.
Mitigation
The following mitigation measures are hereby adopted and will be implemented as set forth in the
MMRP. These measures will mitigate the above impact to a less than significant level.
TR- 5: DWR shall require that the construction contractor notifies the responsible law
enforcement agencies and fire departments, including the San Bernardino County Fire
Department, the City of Redlands Fire Department, and the City of Highland Fire
Department two weeks prior to start of work as to when and where construction would
begin and end. DWR also shall require that the construction contractor coordinates
construction emergency access plans and procedures with the fire departments accordingly.
Implement Mitigation Measure TR- 1.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that measures have
been incorporated, which will substantially lessen the proposed project’s contribution to the
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Findings of Fact and Statement of Overriding Considerations
significant environmental effect identified in the Final SEIR No. 2, reducing it to a less than
significant level.
Final SEIR No. 2 Section 3.11 Public Services and Utilities
Public Utilities
The proposed project could result in a substantial adverse effect on local utility services.
Mitigation
The following mitigation measures are hereby adopted and will be implemented as set forth in the
MMRP. These measures will mitigate the above impact to a less than significant level.
PU- 1: DWR’s construction contractor shall coordinate with all potentially affected utility
companies and jurisdictions to determine the exact location of all underground utilities
prior to doing any work or taking action which could damage such facilities or interfere
with their operations. The construction contractor shall protect all existing utility lines and
associated substructures from damage unless specifically noted on the plans. The
construction contractor shall coordinate in advance any necessary planned utility service
outages with the affected utility companies.
PU- 2: All utilities that cross the pipeline trench shall be protected in place, unless
otherwise indicated for relocation on the plans. DWR’s construction contractor shall be
required to notify the utility owner and Underground Service Alert ( DigAlert) two ( 2)
working days in advance of the construction crossing and coordinate the construction
schedule with the utility service providers. Where indicated on the plans, the contractor
shall provide appropriate means to support utilities which lie within excavated areas and
which are not self- supporting.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that measures have
been incorporated, which will substantially lessen the proposed project’s contribution to the
significant environmental effect identified in the Final SEIR No. 2, reducing it to a less than
significant level.
Final SEIR No. 2 Section 4.0 Cumulative Impacts
Cumulative Effects
The project could have cumulatively considerable impacts to traffic when viewed in connection
with the effects of past projects, the effects of other concurrent projects, and the effects of
probable future projects.
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Findings of Fact and Statement of Overriding Considerations
Mitigation
CUM- 1: At least two weeks before construction activities begin, DWR shall coordinate
with the City of Yucaipa and San Bernardino County to determine other construction
projects that would occur at the same time as the Crafton Hills Reservoir Enlargement
Project. Haul routes shall be established to avoid heavily congested roads and road
construction areas where feasible.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that measures have
been incorporated, which will substantially lessen the proposed project’s contribution to the
significant environmental effect identified in the Final SEIR No. 2, reducing it to a less than
significant level.
B. 3 Potential Impacts Determined to Be Less than
Significant
The following potential environmental impacts of the project are less than significant and
therefore do not require the imposition of mitigation measures.
Final SEIR No. 2 Section 3.2 Air Quality
Effects on Sensitive Receptors
Project operation could violate air quality standards, contribute substantially to an existing or
projected air quality violation, or expose sensitive receptors to pollutant concentrations resulting
in an adverse health effect during long- term operation.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that the proposed
project would have a less than significant contribution to the environmental effect identified in
the Final SEIR No. 2 and would not require the imposition of mitigation measures.
Odor Impacts
The proposed project could create objectionable odors affecting a substantial amount of people.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that the proposed
project would have a less than significant contribution to the environmental effect identified in
the Final SEIR No. 2 and would not require the imposition of mitigation measures.
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Findings of Fact and Statement of Overriding Considerations
Greenhouse Gas Emissions
The proposed project could conflict with state goals for reducing greenhouse gas emissions.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that the proposed
project would have a less than significant contribution to the environmental effect identified in
the Final SEIR No. 2 and would not require the imposition of mitigation measures.
Final SEIR No. 2 Section 3.3 Biological Resources
Wetlands and Waters of the U. S./ State
The proposed project could impact wetlands as defined by Section 404 of the Clean Water Act
and jurisdictional waters of the U. S./ State.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that the proposed
project would have a less than significant contribution to the environmental effect identified in
the Final SEIR No. 2 and would not require the imposition of mitigation measures.
Wildlife Movement Corridors
The proposed project could have a substantial adverse effect on the movement of native resident
or migratory fish or wildlife species or on established native resident or migratory wildlife
corridors.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that the proposed
project would have a less than significant contribution to the environmental effect identified in
the Final SEIR No. 2 and would not require the imposition of mitigation measures.
Final SEIR No. 2 Section 3.5 Geology, Soils, Seismicity, and
Mineral Resources
Surface Rupture
The proposed project could expose people or buildings to loss, injury, or death resulting from
surface rupture if proper design/ engineering precautions were not taken.
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Findings of Fact and Statement of Overriding Considerations
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that the proposed
project would have a less than significant contribution to the environmental effect identified in
the Final SEIR No. 2 and would not require the imposition of mitigation measures.
Seismic Ground Shaking
The proposed project could expose people or buildings to loss, injury, or death resulting from
strong seismic ground shaking if proper design/ engineering precautions were not taken.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that the proposed
project would have a less than significant contribution to the environmental effect identified in
the Final SEIR No. 2 and would not require the imposition of mitigation measures.
Seismic Ground Failure Including Liquefaction
The proposed project could expose people or buildings to loss, injury, or death resulting from
seismic related ground failure if proper design/ engineering precautions were not taken.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that the proposed
project would have a less than significant contribution to the environmental effect identified in
the Final SEIR No. 2 and would not require the imposition of mitigation measures.
Landslides or other Geologically Unstable Area
The proposed project could be located on an unstable geologic unit that would potentially be
subject to adverse effects caused by landslides, lateral spreading, subsidence, liquefaction or
collapse.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that the proposed
project would have a less than significant contribution to the environmental effect identified in
the Final SEIR No. 2 and would not require the imposition of mitigation measures.
Mineral Resources
The proposed project could result in the loss of resource availability or value to the region.
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Findings of Fact and Statement of Overriding Considerations
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that the proposed
project would have a less than significant contribution to the environmental effect identified in
the Final SEIR No. 2 and would not require the imposition of mitigation measures.
Final SEIR No. 2 Section 3.7 Hydrology and Water Quality
Drainage and Flooding
The proposed project could result in increased runoff, on- site or off- site flooding, exceed storm
drain infrastructure, place structures within a 100- year flood plain that would impede flood flows,
or result in increased storm water velocity that would cause erosion.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that the proposed
project would have a less than significant contribution to the environmental effect identified in
the Final SEIR No. 2 and would not require the imposition of mitigation measures.
Groundwater Depletion
The proposed project could cause a lowering of the groundwater table or interfere with
groundwater recharge by creating large impervious surface areas.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that the proposed
project would have a less than significant contribution to the environmental effect identified in
the Final SEIR No. 2 and would not require the imposition of mitigation measures.
Seiche, Tsunami, and Mudflow
The proposed project could be located in an area where a seiche, tsunami, or mudflow could
damage property or structures in the project area.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that the proposed
project would have a less than significant contribution to the environmental effect identified in
the Final SEIR No. 2 and would not require the imposition of mitigation measures.
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Findings of Fact and Statement of Overriding Considerations
Final SEIR No. 2 Section 3.9 Noise and Vibration
Vibration
Project related vibration levels at the nearest sensitive receptors could exceed the potential
building damage threshold of 0.2 PPV or the annoyance threshold of 80 RMS.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that the proposed
project would have a less than significant contribution to the environmental effect identified in
the Final SEIR No. 2 and would not require the imposition of mitigation measures.
Permanent Noise Increase
The proposed project could result in a substantial permanent increase in ambient noise levels in
the project vicinity above existing levels without the project.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that the proposed
project would have a less than significant contribution to the environmental effect identified in
the Final SEIR No. 2 and would not require the imposition of mitigation measures.
Final SEIR No. 2 Section 3.10 Transportation and Traffic
Level of Service Standard
The proposed project could result in an increase in daily vehicle trips on roadways in the project
area due to worker commutes and material hauling and delivery.
Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that the proposed
project would have a less than significant contribution to the environmental effect identified in
the Final SEIR No. 2 and would not require the imposition of mitigation measures.
Final SEIR No. 2 Section 3.11 Utilities, Energy, and Public
Services
Energy Demand
The proposed project could result in wasteful consumption of energy or require more electricity
than the local system could provide.
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Findings of Fact and Statement of Overriding Considerations
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Findings
Based on the Final SEIR No. 2 and the entire record before DWR, DWR finds that the proposed
project would have a less than significant contribution to the environmental effect identified in
the Final SEIR No. 2 and would not require the imposition of mitigation measures.
Findings of Fact and Statement of Overriding Considerations
EXHIBIT C
Findings of Fact Concerning Project Alternatives
C. 1 Introduction
CEQA requires that an EIR “ describe a range of reasonable alternatives to the project or to the
location of the project, which could feasibly attain the basic objectives of the project…” ( CEQA
Guidelines § 15126 ( d)). If a project alternative will substantially lessen the significant
environmental effects of a proposed project, the decision maker should not approve the proposed
project unless it determines that specific economic, legal, social, technological, or other
considerations,… make the project alternative infeasible.” ( Public Resources Code § 21002,
CEQA Guidelines § 15091( a)( 3)). The Draft SEIR No. 2 evaluated alternative approaches to
accomplishing the objectives of the project. The findings with respect to the alternatives
identified in the Draft SEIR No. 2 are identified below.
C. 2 Project Objectives
The proposed project would allow DWR to fill the Crafton Hills Reservoir during off- peak
periods of the day, reducing demands on the energy grid, and lowering pumping costs. The
current size of the Crafton Hills Reservoir is insufficient to efficiently meet local water demands.
Operating under its present capacity, DWR fills the reservoir throughout much of the day and
night and must operate the pumps at the Greenspot Pump Station and the Crafton Hills Pump
Station during daily peak energy demand periods, placing a peak- period load on the energy grid
that could be alleviated by the proposed project. The reservoir enlargement would not increase
the conveyance capacity of the East Branch Extension, but would substantially enhance the
system’s operating flexibility and reliability. The primary project objectives are:
• Enhance the East Branch Extension’s operating flexibility and reliability;
• Reduce energy demand during peak demand periods.
C. 3 Reasonable Range of Alternatives.
According to the CEQA Guidelines, an EIR must describe a reasonable range of alternatives to a
project that could attain most of the basic project objectives, are feasible, and would avoid or
substantially lessen any of the project’s significant environmental effects ( CEQA Guidelines,
Section 15126.6( f)). “ Feasible” means capable of being accomplished in a successful manner
within a reasonable period of time, taking into account economic, environmental, legal, social and
technological factors.
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Findings of Fact and Statement of Overriding Considerations
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An EIR need not consider every conceivable alternative to a project. An EIR must briefly
describe the rationale for selection and rejection of alternatives and the information the lead
agency relied on when making the selection. It also should identify any alternatives considered,
but rejected as infeasible by the lead agency during the scoping process and briefly explain the
reasons for the exclusion. Alternatives may be eliminated from detailed consideration in the EIR
if they fail to meet most of the project objectives, are infeasible, or do not avoid any significant
environmental effects.
In the Draft SEIR No. 2, DWR considered four alternatives to the proposed project, in addition to
the No Project Alternative: raising the existing dam, an alternative reservoir location, alternative
reservoir sizes, and storage tanks. The four alternatives were rejected from consideration based on
a screening process that applied three screening criteria to each alternative: 1) ability to meet
project objectives, 2) economic and engineering feasibility, and 3) ability to reduce significant
environmental effects associated with the proposed project. All four alternatives were rejected
from further consideration based on these criteria. In accordance with the CEQA Guidelines, the
No Project Alternative, which is required under CEQA 15126( d)( 2), was examined in detail.
C. 3.1 No Project Alternative
Discussion of the No- Project Alternative must examine the existing conditions and reasonably
foreseeable future conditions that would exist if the project were not approved ( CEQA Guidelines
§ 15126.6( e)). For this Draft SEIR No. 2, under the No Project Alternative, construction of
facilities identified under the proposed project would not be implemented. The current operation
of the existing Crafton Hills Reservoir would remain unchanged.
Findings
The No Project Alternative would not meet any of the project objectives. The No Project
Alternative would maintain the current operations of the East Branch Extension facilities but
would not provide for improved operational flexibility, reliability, or allow the reservoir to be
filled during off peak energy demand periods, which would reduce the energy demand during
peak demand periods. This alternative is not considered superior to the proposed project, because
it would not meet the stated project objectives.
Selection of the No Project Alternative would eliminate construction and operational impacts
associated with the proposed project. As discussed in Chapter 3 of the Draft SEIR No. 2,
implementation of the proposed project would generate significant and unavoidable direct and
cumulative impacts to air quality, significant and unavoidable impacts to scenic vistas and visual
character, significant and unavoidable direct and cumulative noise impacts, significant and
unavoidable impacts to land use plans and open space, and significant and unavoidable
cumulative impacts on aesthetics, biological resources, and land use. The No Project Alternative
would also avoid essentially all of the less- than- significant impacts identified with
implementation of the proposed project.
Findings of Fact and Statement of Overriding Considerations
EXHIBIT D
Statement of Overriding Considerations
D. 1 Summary of Overriding Considerations
Section 15093 of the CEQA Guidelines establishes the following requirements for a Statement of
Overriding Considerations:
( a) CEQA requires the decision- making agency to balance, as applicable, the economic, legal,
social, technological or other benefits of a proposed project against its unavoidable
environmental risks when determining whether to approve the project. If the specific
economic, legal, social, technological or other benefits of a proposed project outweigh the
unavoidable adverse environmental effects, the adverse environmental effects may be
considered “ acceptable”.
( b) Where the decision of the public agency allows the occurrence of significant effects, which
are identified in the final EIR but are not avoided or substantially lessened, the agency shall
state in writing the specific reasons to support its action based on the final EIR and/ or other
information in the record. This statement may be necessary if the agency also makes a
finding under Section 15091( a)( 2) or ( a)( 3).
( c) If an agency makes a statement of overriding considerations, the statement should be
included in the record of the project approval and should be mentioned in the notice of
determination.
Pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15093, DWR
adopts and makes the following Statement of Overriding Considerations regarding the remaining
unavoidable impacts of the proposed project and the anticipated economic, legal, social,
technological, environmental, and other benefits of the proposed project.
In considering the proposed project, DWR has weighed the benefits of the proposed project
against the adverse impacts identified in the Final SEIR No. 2 as significant and potentially
significant that have not been avoided or substantially lessened through mitigation to a level of
less than significant. DWR hereby determines that the benefits of the proposed project outweigh
the unmitigated adverse impacts and the proposed project should be approved. DWR finds that to
the extent that the identified significant or potentially significant adverse impacts have not been
avoided or substantially lessened, there are specific economic, legal, social, technological or other
considerations which support approval of the project.
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Findings of Fact and Statement of Overriding Considerations
D. 2 Benefits of Proposed Project
The proposed project would allow DWR to fill the existing Crafton Hills Reservoir less
frequently and during off- peak periods of the day, which would reduce pumping during peak
periods, reduce demands on the energy grid, and lower pumping costs. The current size of the
Crafton Hills Reservoir is insufficient to efficiently meet local demands. Operating under its
present capacity, DWR fills the reservoir throughout the day and night and must operate the
pumps at the Greenspot Pump Station and the Crafton Hills Pump Station during daily peak
energy demand periods, placing load on the energy grid. The reservoir enlargement would not
increase the conveyance capacity of the East Branch Extension, but would substantially enhance
the system’s operating flexibility and reliability.
D. 3 Adoption of Overriding Considerations
DWR specifically adopts this Statement of Overriding Considerations and finds that: a) as part of
the approval provisions, the proposed project has eliminated or substantially lessened all
significant effects on the environment where feasible; b) other mitigation measures to mitigate the
secondary effects of growth associated with the proposed project are within the jurisdiction of
other public agencies, and, c) the remaining unavoidable impacts of the proposed project are
acceptable in light of the environmental, economic, legal, social, technological, and other
considerations set forth herein, because the benefits of the proposed project outweigh the
significant and adverse impacts of the proposed project, as noted below.
The Final SEIR No. 2 concludes that the proposed project would result in significant and
unavoidable impacts as summarized below:
1. aesthetics due to a physical change to the scenic vistas of the Crafton Hills;
2. aesthetics due to permanent changes to the visual character of the Crafton Hills;
3. air quality due to construction emissions of NOx, PM10, and PM2.5 above daily thresholds of
significance;
4. land use due to conflicts with the goals of the Crafton Hills Open Space Conservancy and a
permanent loss of open space.
5. construction noise due to a temporary increase in ambient noise levels;
6. cumulative air emissions due to construction emissions of NOx, PM10, and PM2.5;
7. cumulative effects to aesthetics due to impacts to visual character;
8. cumulative effects to biological resources due to loss of habitats;
9. cumulative effects to land use due to loss of open space.
The proposed project cannot be implemented in a way that accomplishes the basic project
objectives without resulting in direct construction and operational impacts. DWR finds that the
overall benefit of the proposed project outweighs these environmental impacts. Implementation of
the proposed project would allow DWR to continue to operate the Crafton Hills Reservoir as a
raw water storage reservoir while simultaneously reducing the frequency of pumping required to
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Findings of Fact and Statement of Overriding Considerations
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Findings October 2009
fill the reservoir. The proposed project would enlarge the existing reservoir and increase the
storage capacity, allowing for longer drawdown periods and for the reservoir to be refilled during
low energy demand periods. Enlargement of the reservoir would provide operational flexibility of
the Crafton Hills Reservoir facility. These benefits outweigh the secondary effects of growth
associated with implementation of the proposed project.
The proposed project cannot be implemented in a way that accomplishes the basic project
objectives without contributing to cumulative impacts to aesthetics, air quality, biological
resources, and land use. The benefits of enlarging the reservoir, as described above, outweigh the
cumulative impacts associated with implementation of the proposed project.
DWR finds that the benefits of the proposed project outweigh its significant adverse
environmental impacts. These benefits described above are overriding considerations warranting
approval of the proposed project. These matters are supported by substantial evidence in the
record.
Findings of Fact and Statement of Overriding Considerations
EXHIBIT E
Mitigation Monitoring and Reporting Program
Monitoring Schedule
Mitigation Measures
Implementation, Monitoring, and
Reporting Action Responsibility
Before
Construction
During
Construction
After
Construction
Aesthetics
AES- 1: Conceptual landscape guidelines shall be
established by DWR during preparation of final
construction plans for plantings designated in areas to
be revegetated or screened from view. These guidelines
shall be prepared to illustrate all plant materials, sizes,
species, and quantities, and irrigation and preservation
techniques. There shall be a variety of landscape types
addressed including revegetating graded slopes and
earthen berms. Roads and trail cuts shall be vegetated
with natural grasses, shrubs and trees to blend with the
adjacent landscape character.
• DWR shall require the design engineer
to develop conceptual landscape
guidelines to be included in final
construction plans and drawings. The
guidelines shall include planting plans
that illustrate all plant materials,
varieties, sizes, species, and
quantities, and irrigation and
preservation techniques.
• DWR shall ensure the landscape
guidelines and planting plans are
included in construction contractor
specifications for implementation
during the final site restoration and
revegetation phase of project
construction.
DWR X
AES- 2: DWR shall ensure that plantings shall be
integrated with earthen berms and cut slopes as soon as
possible to screen undesirable views. For these
situations, the landscape design guidelines shall include
grading guidelines. Grading guidelines shall address
issues such as the area where berms are
recommended, the sizes of such berms and
recommended slope gradients to minimize soil erosion.
• DWR shall require the design engineer
to develop grading guidelines to be
included in the final construction plans
and drawing. The grading guidelines
shall include size, location, and slope
for all berms. The grading guidelines
shall be part of the landscape
guidelines to be developed for
Mitigation Measure AES- 1, which
shall include berms and vegetation
screens in the planting plan.
DWR X X X
DWR East Branch Extension – Phase I Improvements E- 1 ESA / 206008.04
Findings October 2009
Findings of Fact and Statement of Overriding Considerations
EXHIBIT E ( continued)
DWR EAST BRANCH EXTENSION PHASE I IMPROVEMENTS MITIGATION MONITORING AND REPORTING PROGRAM
DWR East Branch Extension – Phase I Improvements E- 2 ESA / 206008.04
Findings October 2009
Monitoring Schedule
Mitigation Measures
Imple
Repor Responsibility
Before
Construction
During
Construction
After
Construction
mentation, Monitoring, and
ting Action
• DWR shall ensure the grading
guidelines are included in construction
contractor specifications for
implementation during project
construction.
AES- 3: Following reservoir construction, DWR shall
prepare a revegetation plan and shall revegetate the
area of disturbance with plants native to the Crafton
Hills. The spoil area downstream of the dam shall be
revegetated with plants approved by DSOD. DWR shall
consult with CHOSC on the native plants to be used for
revegetation. Restoration of disturbed areas shall be
limited to areas above the high water mark of the
reservoir. DWR shall monitor the revegetated areas for a
period of three years to ensure that revegetation is
successful. The revegetation plan shall include
performance standards to define success criteria.
• DWR shall require the construction
contractor to develop a revegetation
plan that includes appropriate plant
varieties approved by DSOD,
performance standards, and success
criteria. The revegetation plan shall
incorporate the landscape guidelines
and grading guidelines developed in
accordance with Mitigation Measures
AES- 1 and AES- 2.
• DWR and the construction contractor
shall consult with CHOSC regarding
the plant varieties included in the
revegetation plan.
• DWR shall include in the contractor’s
specifications the requirement to
implement the revegetation plan
during the final site restoration and
revegetation phase of project
construction.
• DWR shall appoint a restoration
monitor to conduct annual inspections
of revegetation areas and evaluate
planting success. Inspection records
shall be retained in the project file.
DWR X X
Air Quality
AQ- 1: DWR shall ensure that contractors implement a
fugitive dust control program pursuant to the provisions
of SCAQMD Rule 403.
• Include mitigation measure in
construction contractor specifications.
• DWR shall appoint a construction
monitor to perform site inspections to
verify contractor compliance with
components of fugitive dust control
program, as appropriate. Inspection
records shall be retained in the project
DWR X
Findings of Fact and Statement of Overriding Considerations
EXHIBIT E ( continued)
DWR EAST BRANCH EXTENSION PHASE I IMPROVEMENTS MITIGATION MONITORING AND REPORTING PROGRAM
DWR East Branch Extension – Phase I Improvements E- 3 ESA / 206008.04
Findings October 2009
Monitoring Schedule
Mitigation Measures
Imple
Repor Responsibility
Before
Construction
During
Construction
After
Construction
men
tin
tation, Monitoring, and
g Action
file.
• DWR shall require the construction
contractor to submit periodic
maintenance and operation records,
as appropriate, to demonstrate
compliance with the fugitive dust
control program. Maintenance and
operation records shall be retained in
the project file.
AQ- 2: DWR shall ensure that construction equipment is
properly tuned and maintained in accordance with
manufacturer’s specifications.
• Include mitigation measure in
construction contractor specifications.
• DWR shall require the construction
contractor to submit periodically
equipment maintenance records to
demonstrate compliance with the
manufacturer’s specifications.
Maintenance records shall be retained
in the project file.
DWR X
AQ- 3: Coatings and solvents used in the proposed
project shall be consistent with applicable SCAQMD
Rule 1113.
• Include mitigation measure in
construction contractor specifications.
• DWR shall review contractor work
plans and materials lists to ensure
coatings and solvents to be used
during construction are consistent with
SCAQMD Rule 113. Retain contractor
work plans and materials lists in the
project file.
DWR X
AQ- 4: Dust control measures such as wetting or use of
soil binders shall be implemented on haul roads
throughout each construction day to minimize fugitive
dust emissions at the closest sensitive receptors.
• Include mitigation measure in
construction contractor specifications.
• Construction drawings shall identify
the roadways that shall be maintained
to reduce dust.
• During construction, DWR shall
appoint a construction monitor to
perform site inspections to verify
contractor compliance. Retain
inspection records in the project file.
DWR X X
Findings of Fact and Statement of Overriding Considerations
EXHIBIT E ( continued)
DWR EAST BRANCH EXTENSION PHASE I IMPROVEMENTS MITIGATION MONITORING AND REPORTING PROGRAM
DWR East Branch Extension – Phase I Improvements E- 4 ESA / 206008.04
Findings October 2009
Monitoring Schedule
Mitigation Measures
Imple
Repor Responsibility
Before
Construction
During
Construction
After
Construction
mentation, Monitoring, and
ting Action
AQ- 5: Construction vehicle speeds on dirt access roads
shall be no greater than 15 miles per hour.
• Include mitigation measure in
construction contractor specifications.
• Speed limit signs shall be installed at
the construction site.
• During construction, DWR shall
appoint a construction monitor to
perform site inspections to verify
contractor compliance. Retain
inspection records in the project file.
DWR X
AQ- 6: Wheel washers or other similar methods shall be
installed where vehicles exit the construction site onto
paved roads.
• Include mitigation measure in
construction contractor specifications.
• During construction, DWR shall
appoint a construction monitor to
perform site inspections to verify
contractor compliance. Retain
inspection records in the project file.
DWR X
AQ- 7: Haul vehicles shall be covered or comply with the
vehicle freeboard requirements of Section 23114 of the
California Vehicle Code for both public and private
roads.
• Include mitigation measure in
construction contractor specifications.
• During construction, DWR shall
appoint a construction monitor to
perform site inspections to verify
contractor compliance. Retain
inspection records in the project file.
DWR X
AQ- 8: DWR shall ensure that trucks and construction
vehicles shall be prohibited from idling in excess of five
minutes, both on- and off- site, when not in use.
• Include mitigation measure in
construction contractor specifications.
• During construction, DWR shall
appoint a construction monitor to
perform site inspections to verify
contractor compliance. Retain
inspection records in the project file.
DWR X
AQ- 9: Electricity from power poles rather than temporary
diesel- or gasoline- powered generators shall be used
where available.
• Include mitigation measure in
construction contractor specifications.
• During construction, DWR shall
appoint a construction monitor to
perform site inspections to verify
contractor compliance. Retain
inspection records in the project file.
DWR X
Findings of Fact and Statement of Overriding Considerations
EXHIBIT E ( continued)
DWR EAST BRANCH EXTENSION PHASE I IMPROVEMENTS MITIGATION MONITORING AND REPORTING PROGRAM
DWR East Branch Extension – Phase I Improvements E- 5 ESA / 206008.04
Findings October 2009
Monitoring Schedule
Mitigation Measures
Imple
Repor Responsibility
Before
Construction
During
Construction
After
Construction
mentation, Monitoring, and
ting Action
Biological Resources
BIO- 1: DWR shall have a qualified biologist conduct a
pre- construction spring/ summer floristic inventory and
rare plant survey at the proposed project areas to
determine and map the location and extent of special-status
plant species populations, including the
construction easement and right- of- way. The locations of
special- status plant species affected by project
construction and operation shall be identified. The
results of the survey shall be used to identify the limits of
the construction zone.
• Prior to construction of each project
component, DWR shall retain a
qualified biologist to conduct a
spring/ summer floristic survey and
rare plant survey of the project area.
• Retain survey report in the project file.
DWR X
BIO- 2: DWR shall avoid and minimize impacts on
special- status plant species by reducing the construction
right- of- way through occurrences of special- status plant
species to either avoid the occurrence or reduce impacts
to the minimum necessary to complete the project.
• Include mitigation measure in
construction contractor specifications.
• The limits of the construction zone and
occurrences of special- status plants to
be avoided shall be delineated on
construction drawings as determined
by a qualified biologist. The marked up
drawings shall be used to delineate
the construction zone in the field as
required under Mitigation Measure
BIO- 3.
• During construction, DWR shall
appoint a construction monitor to
perform site inspections to verify
contractor compliance with the
construction zone limits. Retain
inspection records in the project file.
DWR X X
BIO- 3: DWR shall stake, flag, fence, or otherwise clearly
delineate the construction right- of- way that restricts the
limits of construction to the minimum necessary to
implement the project that also would avoid and
minimize impacts on special- status plants where
feasible.
• Include mitigation measure in
construction contractor specifications.
• DWR shall retain a qualified biologist
to delineate the construction right- of-way
to avoid special- status plants
where feasible as identified on
construction drawings per Mitigation
Measure BIO- 2. The project field
engineer, inspectors, and contractor, if
available, shall accompany the
biologist when the limits of
DWR X
Findings of Fact and Statement of Overriding Considerations
EXHIBIT E ( continued)
DWR EAST BRANCH EXTENSION PHASE I IMPROVEMENTS MITIGATION MONITORING AND REPORTING PROGRAM
DWR East Branch Extension – Phase I Improvements E- 6 ESA / 206008.04
Findings October 2009
Monitoring Schedule
Mitigation Measures
Imple
Repor Responsibility
Before
Construction
During
Construction
After
Construction
mentation, Monitoring, and
ting Action
construction are staked in the field.
• During construction, DWR shall
appoint a construction monitor to
perform site inspections to verify
contractor compliance with
construction zone limits. Retain
inspection records in the project file.
BIO- 4: Where avoidance of federal or state listed
endangered or threatened species is not feasible as
determined by pre- construction surveys, DWR shall
prepare and implement a habitat restoration plan for
unavoidable temporary impacts to endangered or
threatened plants due to project construction in
consultation with USFWS and CDFG. The restoration
plan shall include at a minimum the following measures:
• Documentation of the location and extent of federal
or state endangered or threatened plant species
affected by construction in areas that would not be
permanently cleared or filled and quantification of
the temporary impacts based on acres of habitat,
individual plants, and/ or other means to clearly
articulate the unavoidable impacts.
• Goals and objectives for federal or state
endangered or threatened plant species that
establish the quantifiable criteria for successful
implementation and completion of the restoration
plan.
• A salvage and replacement program for the top 6 to
12 inches of surface material and topsoil including
plant material and duff.
• A salvage and replanting program for perennial
federal and state endangered or threatened plant
species.
• An invasive plant species maintenance, monitoring,
and removal program.
• Success criteria that establishes yearly thresholds
for growth and establishment of federal or state
endangered or threatened plant species on an
acreage extent of occurrence or per plant basis.
• If the results of pre- construction
surveys indicate the project would
have temporary impacts to federal or
state listed endangered or threatened
plant species, then prior to
construction, DWR shall retain a
qualified biologist to prepare and
implement a special- status species
habitat restoration plan for temporary
construction impacts.
• DWR shall include soil salvage and
backfilling procedures of the habitat
restoration plan in construction
contractor specifications.
• During construction, DWR shall
appoint a construction monitor to
perform site inspections to verify
contractor compliance with the
restoration plan. Retain inspection
records in the project file.
• After construction and replanting is
complete, DWR shall retain a qualified
biologist to perform site inspections in
accordance with the restoration plan
to verify success of growth and
establishment of plant species. Retain
inspection records in the project file.
DWR X X X
Findings of Fact and Statement of Overriding Considerations
EXHIBIT E ( continued)
DWR EAST BRANCH EXTENSION PHASE I IMPROVEMENTS MITIGATION MONITORING AND REPORTING PROGRAM
DWR East Branch Extension – Phase I Improvements E- 7 ESA / 206008.04
Findings October 2009
Monitoring Schedule
Mitigation Measures
Imple
Repor Responsibility
Before
Construction
During
Construction
After
Construction
mentation, Monitoring, and
ting Action
BIO- 5: Where permanent loss of federal or state listed
endangered or threatened plant species occurs, DWR
shall prepare and implement a species compensation
plan for unavoidable permanent impacts to federal or
state endangered or threatened plants due to project
construction or operation in consultation with USFWS
and CDFG. The compensation plan shall include at a
minimum the following measure:
• Purchase of compensatory mitigation lands or
credits at an approved conservation bank at a
minimum 1: 1 ratio for the preservation in perpetuity
and dedication in deed restriction, conservation
easement, or some other suitable land
conservation instrument.
• If the results of pre- construction
surveys indicate the project would
have permanent impacts to federal or
state listed endangered or threatened
plant species, then prior to
construction, DWR shall retain a
qualified biologist to prepare and
implement a species compensation
plan for permanent construction
impacts.
• If required by the compensation plan,
DWR shall purchase compensatory
mitigation lands or credits for
permanent construction impacts to
federal or state listed threatened or
endangered plants.
DWR X X X
BIO- 6: DWR shall have a qualified biologist conduct pre-construction
spring/ summer active season general
reconnaissance and trapping surveys for the special-status
wildlife species within the proposed project area
to determine and map the location and extent of special-status
species occurrence( s), including the construction
easement and right of way. The results of the survey
shall be used to identify the limits of the construction
zone.
• Prior to construction of each project
component, DWR shall retain a
qualified biologist to conduct
spring/ summer active season general
reconnaissance and trapping surveys
for special- status wildlife species.
• Retain survey report in the project file.
DWR X
BIO- 7: DWR shall stake, flag, fence, or otherwise clearly
delineate the construction right- of- way that restricts the
limits of construction to the minimum necessary to
implement the proposed project that also would avoid
and minimize impacts on special- status wildlife species
and RAFSS habitat.
• Include mitigation measure in
construction contractor specifications.
• The limits of the construction zone and
occurrences of special- status wildlife
species to be avoided shall be
delineated on construction drawings
as determined by a qualified biologist.
The marked up drawings shall be used
to delineate the construction zone in
the field.
• DWR shall retain a qualified biologist
to delineate the construction right- of-way
to avoid special- status wildlife
where feasible. The project field
engineer, inspectors, and contractor, if
DWR X X
Findings of Fact and Statement of Overriding Considerations
EXHIBIT E ( continued)
DWR EAST BRANCH EXTENSION PHASE I IMPROVEMENTS MITIGATION MONITORING AND REPORTING PROGRAM
DWR East Branch Extension – Phase I Improvements E- 8 ESA / 206008.04
Findings October 2009
Monitoring Schedule
Mitigation Measures
Imple
Repor Responsibility
Before
Construction
During
Construction
After
Construction
mentation, Monitoring, and
ting Action
available, shall accompany the
biologist when the limits of
construction are staked in the field.
• During construction, DWR shall
appoint a construction monitor to
perform site inspections to verify
contractor compliance with
construction zone limits. Retain
inspection records in the project file.
BIO- 8: DWR shall have a qualified biologist conduct a
pre- construction capture, salvage, and relocation effort
to remove wildlife species from the project area to avoid
and minimize impacts to them. The removal of federal or
state listed threatened or endangered species will be
conducted in accordance with USFWS and/ or CDFG
consultation.
• For wildlife species identified during
pre- construction surveys under
Mitigation Measure BIO- 7, DWR shall
retain a qualified biologist to conduct
the required capture, salvage, and
relocation effort prior to initiating any
ground- disturbing activities.
• DWR shall consult with the USFWS or
CDFG prior to removing and
relocating threatened or endangered
federal or state listed species.
• Retain records of capture, salvage,
and relocation effort in the project file.
DWR X
BIO- 9: During construction, DWR shall enlist the
services of a biological construction monitor to conduct,
as necessary, capture, salvage, and relocation efforts to
remove federal or state listed threatened or endangered
wildlife species from the project area to avoid and
minimize impacts to these species in consultation with
USFWS and/ or CDFG.
• Include mitigation measure in
construction contractor specifications.
• DWR shall retain a qualified biological
construction monitor to conduct as
necessary the required capture,
salvage, and relocation effort.
• Retain records of capture, salvage,
and relocation effort in the project file.
DWR X
BIO- 10: Where avoidance of federal or state listed
endangered or threatened wildlife species is not
feasible, DWR, in consultation with CDFG and USFWS,
shall prepare and implement a habitat restoration plan
for unavoidable temporary impacts to endangered or
threatened wildlife and their habitat due to project
construction. The restoration plan shall be part of that
specified for special- status plants in Mitigation Measure
BIO- 4 and shall include at a minimum the following
• If the results of pre- construction
surveys indicate the project would
have temporary impacts to federal or
state listed endangered or threatened
wildlife species or their habitat, then
prior to construction, DWR shall retain
a qualified biologist to prepare and
implement a federal or state
endangered or threatened species
DWR X X X
Findings of Fact and Statement of Overriding Considerations
EXHIBIT E ( continued)
DWR EAST BRANCH EXTENSION PHASE I IMPROVEMENTS MITIGATION MONITORING AND REPORTING PROGRAM
DWR East Branch Extension – Phase I Improvements E- 9 ESA / 206008.04
Findings October 2009
Monitoring Schedule
Mitigation M
Imple
Repor Responsibility
Before
Construction
During
Construction
After
easures Construction
mentation, Monitoring, and
ting Action
measures:
• Documentation of the location and extent of federal
or state endangered and threatened wildlife
species and occupied habitat affected by
construction and quantification of impacts based on
acres of occupied habitat, and/ or other means to
clearly articulate the unavoidable impacts.
• Goals and objectives for federal or state
endangered or threatened wildlife species and their
habitat that establishes the quantifiable criteria for
successful implementation and completion of the
restoration plan.
• An invasive plant species maintenance, monitoring,
and removal program.
restoration plan for temporary
construction impacts, in consultation
with CDFG and USFWS.
• Include restoration plan in construction
contractor specifications.
• During construction, DWR shall
appoint a construction monitor to
perform site inspections to verify
successful implementation of the
restoration plan. Retain inspection
records in the project file.
• After construction and initial
restoration activities are complete,
perform periodic site inspections in
accordance with the restoration plan
to verify success criteria are being
met. Retain inspection records in the
project file.
BIO- 11: Where avoidance of federal or state listed
endangered or threatened wildlife species is not
feasible, DWR, in consultation with CDFG and USFWS,
shall prepare and implement a habitat compensation
plan for unavoidable permanent impacts to endangered
and threatened wildlife species and their habitat. The
compensation plan shall include at a minimum the
following measure:
• Purchase of compensatory mitigation lands or
credits at a conservation bank at a minimum 1: 1
ratio for the preservation in perpetuity and
dedication in deed restriction, conservation
easement, or some other suitable land
conservation instrument. This compensatory
mitigation can be satisfied under the same habitat
acquisition/ conservation credit program under
Mitigation Measure BIO- 5 that is compatible for
both the impacted endangered or threatened plant
and wildlife species and their habitat.
• If the results of pre- construction
surveys indicate the project would
have permanent impacts to federal or
state listed endangered or threatened
plant species, then prior to
construction DWR shall retain a
qualified biologist to prepare and
implement a habitat compensation
plan for permanent construction
impacts to federal or state listed
endangered or threatened species.
• If required by the compensation plan,
DWR shall purchase compensatory
mitigation lands or credits for
permanent construction impacts to
federal or state listed endangered or
threatened wildlife and their habitat.
DWR X X X
Findings of Fact and Statement of Overriding Considerations
EXHIBIT E ( continued)
DWR EAST BRANCH EXTENSION PHASE I IMPROVEMENTS MITIGATION MONITORING AND REPORTING PROGRAM
DWR East Branch Extension – Phase I Improvements E- 10 ESA / 206008.04
Findings October 2009
Monitoring Schedule
Mitigation Measures
Imple
Repor Responsibility
Before
Construction
During
Construction
After
Construction
mentation, Monitoring, and
ting Action
BIO- 12: DWR shall have a qualified biologist conduct a
pre- construction nesting season protocol survey for the
coastal California gnatcatcher within the proposed
pipeline project area to determine and map the location
and extent of nesting coastal California gnatcatcher
occurrence( s) within the construction right- of- way.
• If project construction is initiated
during the nesting season, then prior
to construction, DWR shall retain a
qualified biologist to conduct nesting
season protocol surveys for the
coastal California gnatcatcher in the
connector pipeline project area.
• Retain survey report in the project file.
DWR X
BIO- 13: DWR shall have a qualified biologist conduct a
pre- construction spring/ summer active season general
reconnaissance for nesting/ roosting special- status
mobile bird and bat species, and other nesting birds
within the proposed project areas to determine and map
the location and extent of special- status species
occurrence( s).
• Prior to construction of all project
components, DWR shall retain a
qualified biologist to conduct
spring/ summer active season general
reconnaissance surveys for
nesting/ roosting special- status mobile
bird and bat species.
• Retain survey report in the project file.
DWR X
BIO- 14: DWR shall avoid direct impacts on nesting
coastal California gnatcatchers and any nesting birds
located within the construction right of way. This could
be accomplished by establishing the construction right of
way and removal of plant material outside of the typical
range of the breeding bird season ( February 1 through
August 31).
• Include mitigation measure in
construction contractor specifications.
• DWR shall require the construction
contractor to coordinate the project
schedule to avoid establishing and
clearing the construction right of way
during the breeding bird season
( February 1 through August 31), if
feasible.
• Retain construction schedule in the
project file.
DWR X
BIO- 15: If construction and vegetation removal is
proposed for the bird nesting period February 1 through
August 31, then active nest sites located during the pre-construction
surveys shall be avoided and a non-disturbance
buffer zone established dependent on the
species and as approved by the USFWS and CDFG.
Nest sites shall be avoided with approved non-disturbance
buffer zones until the adults and young are
no longer reliant on the nest site for survival as
determined by a qualified biologist.
• Include mitigation measure in
construction contractor specifications.
• If project construction is initiated
during the breeding bird season
( February 1 through August 31), then
the limits of the construction zone,
occurrences of active nest sites ( per
surveys conducted under Mitigation
Measures BIO- 12 and BIO- 13), and
limits of non- disturbance buffer zones
shall be delineated on construction
DWR X X
Findings of Fact and Statement of Overriding Considerations
EXHIBIT E ( continued)
DWR EAST BRANCH EXTENSION PHASE I IMPROVEMENTS MITIGATION MONITORING AND REPORTING PROGRAM
DWR East Branch Extension – Phase I Improvements E- 11 ESA / 206008.04
Findings October 2009
Monitoring Schedule
Mitigation Measures
Imple
Repor Responsibility
Before
Construction
During
Construction
After
Construction
mentation, Monitoring, and
ting Action
drawings as determined by a qualified
biologist in consultation with USFWS
and CDFG.
• During construction, DWR shall
appoint a construction monitor to
perform site inspections to verify
contractor compliance with non-disturbance
zones. Retain inspection
records in the project file.
BIO- 16: If a natal bat roost site is located during pre-construction
surveys, it shall be avoided with a non-disturbance
buffer zone established by a qualified
biologist until the site is abandoned.
• Include mitigation measure in
construction contractor specifications.
• If natal bat roost sites are identified
during pre- construction bat surveys
conducted under Mitigation Measure
BIO- 13, then prior to construction of
associated project components, the
limits of the construction zone,
occurrences of natal bat roost sites,
and limits of non- disturbance buffer
zones shall be delineated on
construction drawings as determined
by a qualified biologist.
• During construction, DWR shall
appoint a construction monitor to
perform site inspections to verify
contractor compliance with non-disturbance
zones. Retain inspection
records in the project file.
DWR X X
BIO- 17: DWR shall minimize impacts on documented
locations of nesting coastal California gnatcatchers and
any nesting birds by reducing the construction right- of-way
through areas of occurrences to either avoid the
occurrence or reduce impacts to the minimum necessary
to complete the proposed project.
• Include mitigation measure in
construction contractor specifications.
• If project construction is initiated
during the nesting season, then prior
to construction DWR shall consult with
a qualified biologist to minimize the
construction zone in areas with known
occurrences of nesting birds to avoid
or minimize impacts to areas of
occurrence.
• During construction, DWR shall
DWR X X
Findings of Fact and Statement of Overriding Considerations
EXHIBIT E ( continued)
DWR EAST BRANCH EXTENSION PHASE I IMPROVEMENTS MITIGATION MONITORING AND REPORTING PROGRAM
DWR East Branch Extension – Phase I Improvements E- 12 ESA / 206008.04
Findings October 2009
Monitoring Schedule
Mitigation Measures
Imple
Repor Responsibility
Before
Construction
During
Construction
After
Construction
mentation, Monitoring, and
ting Action
appoint a construction monitor to
perform site inspections to verify
contractor compliance with
construction zone limitations. Retain
inspection records in the project file.
BIO- 18: DWR shall stake, flag, fence, or otherwise
clearly delineate the construction right- of- way that
restricts the limits of construction to the minimum
necessary to implement the proposed project that also
would avoid and minimize impacts on special- status
wildlife species and RAFSS habitat.
• Include mitigation measure in
construction contractor specifications.
• Prior to construction, DWR shall
consult with a qualified biologist to
minimize and delineate the
construction zone in areas with known
occurrences of special- status wildlife
and RAFSS habitat to avoid or
minimize impacts to areas of
occurrence.
• During construction, DWR shall
appoint a construction monitor to
perform site inspections to verify
contractor compliance with
construction zone limitations. Retain
inspection records in the project file.
DWR X X
BIO- 19: DWR shall purchase compensatory mitigation
lands or credits at a conservation bank at a minimum 1: 1
ratio for unavoidable permanent impacts to open space
habitat. This compensatory mitigation can be satisfied
with any mitigation lands purchased in accordance with
the species compensation plan required by Mitigation
Measures BIO- 5 and BIO- 11.
• DWR shall purchase compensatory
mitigation lands or credits for
permanent construction impacts to
open space habitat.
DWR X X X
Cultural Resources
CR- 1: Avoidance. DWR shall narrow the construction
zone to avoid sites CH- GPS6, CH- GPS7, and CH- GPS9
where feasible. If appropriate, prior to construction, a
qualified archaeologist ( defined as an archaeologist
meeting the Secretary of the Interior’s Standards for
professional archaeology) shall mark exclusion zones
around known archaeological sites that can be avoided
to ensure they are not impacted by construction.
Ground- disturbing activities, including brush clearance
and grading, occurring within 100 feet of sites CH- GPS6,
• Include mitigation measure in
construction contractor specifications.
• The limits of the construction zone and
exclusion zones around known cultural
sites shall be delineated on
construction drawings and marked in
the field by a qualified archaeologist.
• During construction, DWR shall
appoint a construction monitor to
perform site inspections to verify
DWR X X
Findings of Fact and Statement of Overriding Considerations
EXHIBIT E ( continued)
DWR EAST BRANCH EXTENSION PHASE I IMPROVEMENTS MITIGATION MONITORING AND REPORTING PROGRAM
DWR East Branch Extension – Phase I Improvements E- 13 ESA / 206008.04
Findings October 2009
Monitoring Schedule
Mitigation Measures
Imple
Repor Responsibility
Before
Construction
During
Construction
After
Construction
mentation, Monitoring, and
ting Action
CH- GPS7, and CH- GPS9 shall be monitored by a
qualified archaeologist.
contractor compliance with
construction zone limitations and
exclusion zones. Retain inspection
records in the project